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Applicable
To: All employees |
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Approval Authority: Chief George N. Turner |
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Signature: Signed by GNT |
Date Signed: 12/7/10 |
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The purpose of this directive is to establish the policy and procedures of the Atlanta Police Department’s traffic enforcement operations.
The policy of the Atlanta Police Department is to use patrol and specialized resources to aggressively reduce the occurrence of unsafe drivers who threaten the lives, safety, and property of others in the City of Atlanta.
3.1 The Special Operations Section (SOS) commander will be responsible for monitoring the implementation of all traffic enforcement operations within the Department. He or she will ensure proper analysis of traffic patterns and the use of effective selective traffic enforcement activities. The commander will also monitor significant traffic collision and engineering issues and have completed an annual analysis report available to the zones for utilization in selective traffic enforcement activities.
3.2 Zone commanders will be responsible for implementing traffic enforcement operations into daily patrol activities. He or she will ensure officers are trained and use selective traffic enforcement techniques to reduce the occurrence of unsafe driving in their assigned service areas. Commanders will also be responsible for ensuring that all supervisors assigned to their zone or unit are provided traffic analysis reports for traffic enforcement activities.
3.3 Zone and SOS supervisors will be responsible for the enforcement of traffic policies and procedures for areas under their supervision. He or she will review all traffic-related reports and citations for accuracy and completeness; ensure officers are utilizing selective elective traffic enforcement techniques to reduce fatalities, personal injuries, and property damage resulting from traffic collisions. Supervisors will also be responsible for ensuring reported deficiencies are made to the appropriate streets and highway departments concerning identified patterns or contributing conditions.
3.4 Sworn employees will be responsible for enforcing state traffic laws at all times, following Departmental traffic policy, and utilizing selective enforcement techniques in locations or at times when traffic patterns indicate such techniques are necessary. Officers will also be responsible for reporting to their immediate supervisor as well as the appropriate street or highway department of any traffic patterns or engineering issues that impede safe traffic flow for their patrol area. All reports and citations will be accurate and complete upon submission to the immediate supervisor.
3.5 Traffic Analysis Unit will be responsible for compiling and reviewing traffic citations and collision reports issued by officers in the field to identify traffic pattern problems, engineering design issues, and enforcement techniques. The Unit will distribute the report annually to the zone and section commanders for their utilization of selective traffic enforcement activities.
4.1 Selective Traffic Enforcement (CALEA 5th ed. standard 61.1.1)
4.1.1 Atlanta Police Department officers have the authority to arrest a person accused of violating any law or ordinance governing the operation, licensing, registration, maintenance, or inspection of motor vehicles by the issuance of a Uniform Traffic Citation, provided the offense is committed in his or her presence or information constituting a basis for arrest was received by the arresting officer from an officer observing the offense being committed. (O.C.G.A. 17-4-23 a)
4.1.2 The Department’s traffic enforcement program will use patrol resources on a selective and uniform basis to reduce traffic activities that threaten the safety and property of others.
4.1.3 Selective traffic enforcement involves many interrelated activities that maximize the Department’s effectiveness in combating problem locations, hazardous conditions, and unsafe drivers; apply appropriate enforcement measures and strategies based on the frequency and seriousness of the traffic violations; and educate the public on the proper compliance with traffic laws and regulations to encourage safe driving behavior.
4.1.4 Those selective traffic enforcement activities include:
1. Compilation, Review and Comparison of Traffic Collision Data (CALEA 5th ed. standard 61.1.1a, c): The compilation, review and comparison of location, time/day, and violation factors in vehicle collision will be based upon data generated by Departmental officers and by the Georgia State Patrol. The analysis will also analyze the fluctuations caused by seasonal or man-made variations (i.e. adverse weather conditions, special events, sports events, rush hour) that result in increases of traffic volume and/or collisions.
2. Compilation, Review and Comparison of Traffic Enforcement Activities Data (CALEA 5th ed. standard 61.1.1b, c): The compilation, review and comparison of traffic enforcement activities will be accomplished by reviewing Uniform Traffic Citation and Accident Reports completed by patrol officers, Traffic Unit officers, parking enforcement, DUI Task Force, and Hit and Run Unit to identify specific traffic-related problems, the location of occurrence, and the time/day of occurrence.
3. Implementation of Selective Enforcement Techniques and Procedures (CALEA 5th ed. standard 61.1.1d): Checkpoints, speed measuring devices, and other enforcement measures will be used at specific locations that have been identified as problem areas through data analysis, citizen complaints, engineering, or other roadway hazards.
4. Deployment of Employees (CALEA 5th ed. standard 61.1.1e):
a. The deployment of officers on traffic enforcement will be based upon identification of specific problems or general trends occurring in a service area. This identification will be based in part on analysis data issued to zone and section commanders; and on officer observation of traffic patterns.
b. Special patrol or observation will be given to traffic problems identified by civic and neighborhood groups and local media.
c. The method of deployment will be either stationary observation or directed traffic patrol at specific locations.
5. Evaluation of Activities (CALEA 5th ed. standard 61.1.1f):
a. The effectiveness of various traffic enforcement measures will be measured by reviewing citations and traffic-related reports. This comparison will be done against historical data and demographic or engineering changes in the service area.
b. If a particular traffic enforcement measure does not produce the desired results in an area by reducing or eliminating a traffic-related condition, then the measure will be discontinued, re-evaluated with resolving the specific problem, or a different measure implemented to accomplish the objective.
c. A Plan of Action memorandum will be completed by the watch or unit’s supervisor on the enforcement measures for an identified traffic problem. The memorandum will outline the enforcement objective, the specific enforcement measures to be used, location of operation, the time frame for the operation, and the expected results from enforcement measure. At the end of the operations time frame, the supervisor will complete a follow-up report outlining the results of the enforcement measure and whether they were successful, were adjusted for better effectiveness, or discontinued and why.
d. This Plan of Action memorandum and the subsequent follow-up memorandum should be forwarded through the chain of command to the Community Services Division (CSD) and the Special Operations Section (SOS) commanders.
4.2 Traffic Enforcement Policy
4.2.1 The Atlanta Police Department seeks to promote traffic safety and therefore uniformly enforces all traffic laws. The Department seeks to educate the public in traffic safety and recognizes that officers have multiple options when enforcing traffic laws.
4.2.2 Uniform Enforcement Policies (CALEA 5th ed. standard 61.1.5)
The following guidelines are provided to assist officers in making decisions as to whether or not a traffic citation is warranted. These guidelines are to be used as guidance only, and as such should not supplant officer judgment in situations involving traffic violations. It is the policy of the Atlanta Police Department to enforce all laws and regulations relating to traffic enforcement.
1. SPEED VIOLATIONS. Speed violation cases should be a clearly convictable case in court. Location and time of violation should be considered when making speed violation cases (congested areas, school zones, etc.).(CALEA 5th ed. standard 61.1.5c)
2. PUBLIC CARRIER/COMMERCIAL VEHICLE VIOLATIONS. The time, place, and degree of the hazard or violation must be considered when making these cases. Departments with specialized training in these areas can be called upon for assistance with these cases, such as the Department of Transportation, The Public Service Commission, etc. (CALEA 5th ed. standard 61.1.5g)
3. PEDESTRIAN AND BICYCLE VIOLATIONS. The officer should consider the time and location of the incident as well as the potential to cause a collision. (CALEA 5th ed. standard 61.1.5l)
4. OFF-ROAD VEHICLE VIOLATIONS. Officers will enforce these traffic laws in a manner similar to any other traffic violation. Officers will be pro-active in regards to any violations involving unlicensed vehicles on the city streets, violations of off-road vehicle registration laws, misuse of public trails and parks, and improper use of traffic way crossings. (CALEA 5th ed. standard 61.1.5e)
5. EQUIPMENT VIOLATIONS. With only an emission inspection now required on vehicles, consider issuing citations for any equipment defect that has the potential to cause a collision. (CALEA 5th ed. standard 61.1.5f)
6. OTHER HAZARDOUS VIOLATIONS. The time, place, and degree of the hazard as well as the previous collision history at the location should be considered when making these cases. (CALEA 5th ed. standard 61.1.5d)
7. NON-HAZARDOUS VIOLATIONS. Officers may consider issuing a verbal warning unless repetitive or flagrant violations have occurred. (CALEA 5th ed. standard 61.1.5h)
8. MULTIPLE VIOLATIONS. The officer may cite a violator for all offenses, if deemed necessary. For example, a motorist stopped for following too closely and subsequently found to be operating without a driver's license should be issued two separate citations. In other cases, a verbal warning may be given for a non-hazardous violation in conjunction with a formal citation for a more serious hazardous moving violation. (CALEA 5th ed. standard 61.1.5i)
9. NEWLY ENACTED LAWS/REGULATIONS. Unless otherwise directed, allow a 30-day grace period during which only warnings are given. Thereafter, officers may use discretion. (CALEA 5th ed. standard 61.1.5j)
4.3 Traffic Enforcement Actions
4.3.1 Sworn officers are authorized to use their training and judgment to determine what charges, if any, will be made in a given traffic-related incident. Traffic enforcement actions will be appropriate for each violation of the law and will be applied in a fair, impartial, courteous, and professional manner
4.3.2 Physical Arrest (CALEA 5th ed. standard 61.1.2a): A physical arrest is the most serious action an officer may take incidental to a traffic offense. An officer will write a citation and make a physical arrest when a driver is cited for:
1. Driving under the influence of intoxicating alcoholic beverages where the level of intoxication is .08% or more; .02% or more for drivers under the age of 21 and .04% or more for commercial vehicle drivers (O.C.G.A. 40-6-391);
2. Driving under the influence of any drug, as defined by O.C.G.A. 16-13-21, where there is reasonable articulable suspicion or probable cause that the effect has rendered the driver a less safe driver;
3. Homicide by vehicle (O.C.G.A. 40-6-393);
4. Failure to stop and render aid (O.C.G.A. 40-6-270);
5. False affidavit to the Department relating to the ownership, registration, or identity of a vehicle (O.C.G.A. 40-2-7, 40-2-8, 40-4-21);
6. Racing on highways or streets (O.C.G.A 40-6-390);
7. Fleeing or attempting to elude a police officer (O.C.G.A. 40-6-395);
8. Fraudulent or fictitious use of a driver’s license (O.C.G.A. 40-5-120 & 40-5-125);
9. Hit and run or leaving the scene of a collision (O.C.G.A. 40-6-270);
10. Driving while license suspended or revoked (O.C.G.A. 40-5-121); (CALEA 5th ed. 61.1.5b) and
11. Any felony in the commission of which a motor vehicle was used.
4.3.3 When a traffic violator is wanted on a City Traffic Court warrant for a “failure to appear” and a valid warrant number is confirmed by ACIC radio, the officer will physically arrest the violator and transport to Atlanta Pre-trial Detention.
4.3.4 The purpose of arresting and requiring the posting of a bond by the traffic violator is:
1. To ensure an appearance of the violator in court when an officer has reason to believe an offender will not appear for his or her scheduled court date; and
2. To remove from the street any reckless or potentially unsafe driver.
4.3.5 All felony traffic charges occurring in Fulton County will be processed through Fulton County’s Complaint Room and the violator transported to Fulton County Jail. The City Traffic Court will process all misdemeanor traffic charges, the court date set as indicated on the arraignment calendar, and those violators physically arrested will be transported to Atlanta Pre-trial Detention. If the violator has a combination of felony and misdemeanor charges, the citations will go through the Complaint Room and the violator transported to Fulton County Jail. Felony traffic charges (or a combination of felony and misdemeanor charges) occurring in DeKalb County will be processed in DeKalb County Magistrate Court and the defendant will be transported to the DeKalb County Jail. (APD.SOP.3030 “Arrest”)
4.3.6 When a physical arrest is made, write “Jail” where the violator would normally sign their name.
4.3.7 Written Citation (CALEA 5th ed. standard 61.1.2b): A copy of charges (Uniform Traffic Citation), will be issued to persons who violate state laws that jeopardize his or her safety; the safety and property of others; and the efficient flow of vehicular and pedestrian traffic. However, the charge does not dictate a physical arrest.
1. Copies of charges will be set for the court date indicated on the City Traffic Court’s arraignment calendar;
2. All copies of charges will be turned into the officer’s supervisor by the end of his or her tour of duty on the date of the violation. The watch supervisor will ensure all citations are delivered promptly to the City Traffic Court (APD.SOP.3161 “Delivering Reports and Tickets to the Courts”);
3. All officers writing traffic citations will attend traffic court when properly subpoenaed by the court to appear on a case;
4. The officer will ensure the current home address of the violator on the citation;
5. The officer will have the violator sign the citation to only acknowledge receipt of citation and awareness of the court date. If the violator refuses to sign the citation, the officer will inform him or her that signing the citation is not an admission of guilt and that failure to sign will require them to post a cash bond to ensure appearance in court (O.C.G.A. 40-13-2.1). The officer will write, “Refuse to Sign” in the signature space and charge the violator accordingly;
6. When a violator is not in possession of his or her valid driver’s license, the officer will issue a copy of charges for “driving without license on person” (O.C.G.A. 40-5-29a) along with citations for any other offenses;
7. When a traffic violator is found to be wanted on a City Traffic Court “failure to appear” warrant, but the warrant number is not confirmed, the officer will issue a copy of charges and send the driver’s license attached to the citation to traffic court. The court date will be set as indicated by the court’s arraignment calendar.
4.3.8 Most of the information on the Uniform Traffic Citation is self-explanatory. However, note the following:
1. The officer will complete a Uniform Traffic Citation on each traffic charge against a violator. A legible, complete ticket with no scratch outs is important to the successful presentation of the case in court. If there are multiple charges, write the companion citation numbers on the citation with the major charge in the “Companion Case” line.
2. Write the appropriate code section for all charges and a brief descriptive title.
3. The times on the citation will be written in civilian time, not in military time.
4. Write the officer’s off days in the space marked “Court Code: off days” and assigned court time in space marked “Time.”
5. When the arrest is based on a valid warrant, write the issuing agency, warrant number, and any charged offense in the “Remarks” section.
6. The officer must sign all citations legibly and have their supervisor’s signature affixed.
4.3.9 Verbal Warnings: (CALEA 5th ed. standard 61.1.2c) The Atlanta Police Department does not utilize a written warning system. However, an officer can use, in conjunction with his or her training and judgment, an alternative to a written citation. Dependent upon the circumstances, the officer can give the violator a “verbal warning” when an offense has been committed that is a relatively minor traffic violation and poses no potential danger or injury to another person or other property. When giving the “verbal warning,” the officer should also educate the violator on the appropriate driving or safety measures and encourage voluntary compliance with traffic laws.
4.4 Special Categories of Violators (CALEA 5th ed. standard 61.1.3)
4.4.1 Non-residents of Georgia (CALEA 5th ed. standard 61.1.3a)
1. If a violator’s state of residence is a member of the Non-Resident
Violator Compact, the officer may release the person on a copy of charges.
The officer will advise the violator that if the citation is not paid or if
he or she does not appear in traffic court on the date indicated, the
Georgia Department of Motor Vehicle Safety will notify the violator’s
Department of Public Safety and his or her driver’s license could be subject
to suspension until the fine is paid. 2. If a violator’s state of residence is not a member of the Non-Resident Violator Compact, the violator must be arrested and post a bond.
NON-RESIDENT VIOLATOR COMPACT STATES
STATES NOT HAVING A NON-RESIDENT VIOLATOR COMPACT
4.4.2 Juvenile Traffic Procedures (CALEA 5th ed. standard 61.1.3b)
1. If a juvenile is under the age of seventeen (but at least sixteen), in possession of a valid Class D driver’s license and the offense is a minor traffic offense, the officer will follow the same procedure for issuing a copy of traffic charges as outlined in Section 4.3.9, except that the court date on the ticket will be marked “JUVENILE.” The officer will turn the court copy in to Juvenile Intake and complete a Juvenile Complaint Form.
2. An officer may issue a copy of traffic charges to a juvenile who is under the age of seventeen and not in possession of a valid Class D driver’s license only when the offense is a minor traffic offense and a responsible person is available to take charge of the juvenile. The court date on the ticket will be marked “JUVENILE” and the officer will also complete the following steps:
a. Give the defendant's copy of the citation to the parent or legal guardian.
b. Take the court copy to Juvenile Intake.
c. At the Juvenile Intake office, the officer is required to complete the Juvenile Complaint Form.
d. The officer will turn in the Department's copy of the citation to the shift supervisor.
e. The officer should maintain adequate notes for court testimony.
3. Be aware that drivers sixteen- to eighteen-years-old should be in possession of a Class D driver’s license, which is a provisional license applicable to noncommercial Class C vehicles. The following conditions apply, provided the Class D driver will not be charged with a violation of this section alone but may be charged in conjunction with any other traffic offense (O.C.G.A. 40-5-24):
a. Any Class D license holder will not drive a Class C motor vehicle on the public roads, streets, or highways of this state between the hours of 12:00 midnight and 6:00 A.M.
b. Any Class D license holder will not drive a Class C motor vehicle on the public roads, streets, or highways of this state when more than three other passengers in the vehicle who are not members of the driver’s immediate family are less than 21 years of age.
c. During the six-month period immediately following issuance of such license, any Class D license holder will not drive a Class C motor vehicle upon the public roads, streets, or highways of this state when another passenger in the vehicle is not a member of the driver’s immediate family.
4. A juvenile who is arrested for DUI, who is sixteen years of age, and possesses a Georgia driver's license, is subject to the Georgia Implied Consent Law, and will be given the same rights as an adult. The juvenile is required to submit to a blood or breath test at Grady Hospital Detention just as an adult is. The arresting officer must be present during the drawing of blood or the administering of the breath test. After the test is completed, the arresting officer will follow standard procedure for the arrest of a juvenile.
5. A juvenile without a valid driver's license who is arrested for DUI, regardless of age, is not subject to the Georgia Implied Consent Law and cannot be given the blood test or breath test, unless permission has been given by the juvenile's parent or legal guardian. When contacting the parents or legal guardian is not possible due to location, time involved, etc., the arresting officer will follow standard procedure for the arrest of a juvenile. The court date will be marked "juvenile.”
4.4.3 For information pertaining to the arrest of State Legislators, foreign diplomats, consular officials, military personnel and poll officials see APD.SOP.3030 “Arrest”
(CALEA 5th ed. standard 61.1.7a, b)
1. Traffic stops will be made only by Department vehicles equipped with blue lights and displaying Department decals.
2. Officers making traffic stops will turn on the blue light, sound the horn, and motion the violator to stop. At night, headlights may be flashed from low to high beam instead of sounding the horn.
3. If the violator fails to stop, then the siren, spot light, and take down lights may be used to gain attention.
4. If all of the above fails, then the officer may pull abreast of the violator (if it can be done in complete safety), use the siren, and motion for the violator to pull over. However, when the officer pulls alongside of the violator, he or she will never allow the front of the police vehicle to go beyond the trailing edge of the front door of the violator's vehicle. The officer must also leave enough room between the vehicles so that the violator cannot swerve and hit the police vehicle.
5. Unless necessary, vehicles should not be stopped in:
a. Congested areas that inhibit the officer's movement.
b. Places where a driveway will be blocked.
c. Desolate or poorly lit areas.
6. As the violator's vehicle is stopping, the police vehicle will be centered on the left taillight of the violator's vehicle, front wheels turned out to the left, and several feet to the rear of the violator’s bumper.
a. Advise Radio of the location of the stop, the description and license number of the vehicle, and the number of occupants in the vehicle.
b. If the police vehicle is equipped with a mobile data terminal (MDT), run the vehicle license number and await a response prior to exiting the vehicle. Observe if the registration on file matches the vehicle stopped. If the registration does not match, advise radio to start another unit prior to approaching the vehicle. If there is no MDT available, record the license plate number and/or vehicle description on a pad to be left in the police vehicle.
c. Compare the vehicle and occupant(s) with wanted vehicles and subjects.
d. Be alert for any unusual movement on the part of the occupant(s).
7. Officers will remain in constant visual observation of the occupant(s).
8. Approach the vehicle from the driver's side but do not walk beyond the trailing edge of the driver's door. Do not walk between the two vehicles while the violator's vehicle is occupied. If two officers are present, the other officer will take a position near the right rear of the violator's vehicle to act as a guard.
9. When stopping a vehicle on the interstate system, the officer will use extreme caution during heavy traffic conditions. Do not allow the vehicle to stop against a median wall if at all possible. If a violator attempts to stop against a median wall, the officer should sound his or her horn or siren to gain the attention of the driver and signal them to the emergency lane on the right side of the interstate. At times the officer may have to exit his or her vehicle and proceed around the rear of the patrol vehicle and approach the suspect vehicle from the passenger side. The officer will never pass the trailing edge of the passenger door. The officer may communicate with the driver through the passenger if necessary; however, the officer will if possible communicate with the driver.
10. The approaching police officer will tell the violator, in a professional and courteous manner, why he or she was stopped, ask for and obtain the driver’s license, verify the license information is correct with the driver, and verify that the insurance is in effect on the vehicle through ACIC. (CALEA 5th ed. standard 61.1.8)
11. The citation should be written while seated in the driver’s seat of the patrol vehicle or the rear, right side of the patrol vehicle, but not directly behind it.
12. After the citation is written, inform the violator of the court date and time, and request that the violator sign the citation (if he or she refuses, refer to Section 4.3.9, # 5). Inform the violator to refer to the back of his or her copy of the citation for information regarding the phone number and address of City Traffic Court, directions for paying the fine prior to the court date, and notifying court before their appearance if they will be unable to attend on the assigned court date. (CALEA 5th ed. standard 61.1.4a-d)
13. Any officer having reasonable articulable suspicion to believe that a violator is not physically or mentally qualified to be a licensed driver should send that person’s name, address, and date of birth to the Georgia Department of Public Safety (Georgia Code Section 40-5-34C). The request for re-examination will be typed on Departmental letterhead to the Drivers License Advisory Board. Physical or mental defects observed must be described in specific detail. The letter must be signed by the initiating officer and the officer’s supervisor. (CALEA 5th ed. standard 61.1.12)
(CALEA 5th ed. standard 61.1.7c)
1. When an officer observes a vehicle or occupants of a vehicle wanted in connection with any felony, the officer will immediately advise Radio of:
a. The description and license number of the vehicle.
b. Location and direction of travel.
c. The crime in which the vehicle is wanted.
d. The number of occupant(s) and brief description thereof.
2. Before the stop is made, the officer will request backup and the location of backup units responding.
3. The officer will pick a location for the stop, but will not attempt the stop until a backup unit arrives.
4. When a backup unit arrives, the arresting officer will notify Radio of the location of the stop and turn on the blue light and siren together. If at night, the headlights should be on the high beam.
5. When the suspect vehicle stops, the arresting officer will position the police vehicle at a 45-degree angle, with the front end to the left, and 20-30 feet to the rear of the suspect vehicle. The officer will turn the front wheels all the way to the left to provide added protection, exit the vehicle, and take a position behind the driver's door, weapon drawn.
6. The first backup unit will position his or her vehicle behind the arresting officer's vehicle in line with the suspect vehicle, and take a position behind the right rear bumper of the arresting officer's vehicle, weapon drawn.
7. Additional backup officers will position their vehicle parallel to that of the first backup officer's vehicle on either side, and take a position behind the rear bumper of the first backup unit's vehicle.
8. The arresting officer will speak through the patrol vehicle’s public address system or speak loudly and order the occupants to place their hands behind their heads. The driver will be ordered to turn off the engine with his or her left hand, and toss the keys out of the driver's side window.
9. Occupants will be removed by ordering the occupants in the front seat to exit the vehicle one at a time, starting with the passenger nearest the right door. Occupants in the rear will be removed in the same manner.
10. As each occupant exits, he or she will be ordered to place his or her hands above the head, fingers spread out, and to turn completely around. Then place his or her hands behind his or her head and walk away from the vehicle and drop to his or her knees with his or her back to the officers. He or she will be ordered to assume the prone position, facing the suspect vehicle, with palms up.
11. When all occupants are thought to be outside of the suspect vehicle and in the prone position, the arresting officer will approach the suspect vehicle from the driver's side and visually check the passenger compartment for subjects who may be hiding.
12. The suspects will be searched for weapons and handcuffed one at a time by the arresting officer. A more thorough search will be made before they are placed inside a police vehicle.
4.5.3 The felony stop will not be employed when stopping misdemeanor suspect vehicles and suspect vehicles not wanted in connection with a felony, unless there is probable cause to believe that suspects are armed and dangerous. Officers may use the traffic stop with variation, always using caution and sound judgment. (CALEA 5th ed. standard 61.1.7)
4.6 Vehicle Stops and Searches (CALEA 5th ed. standard 61.1.7)
1. The warrantless search of a motor vehicle, which is based on probable cause, will be conducted in conjunction with the stop or immediately after the vehicle has been taken into custody. As the period lengthens between the stop and search, the justification to conduct the warrantless search decreases.
2. When the officer arrests the driver or owner and takes the vehicle into custody, the officer will inventory the vehicle for property to prevent:
a. Theft of any property left in the vehicle;
b. False claims of theft of property. 4.7 Traffic Enforcement Methods
4.7.1 The following methods will be used to conduct traffic enforcement operations:
1. Visible Traffic Patrol (CALEA 5th ed. standard 61.1.6a) will be the primary method to be used by officers when performing traffic enforcement operations. This can include:
a. Area: Moving or stationary observation in a specific location that consists of a number of streets, sections of a highway, subdivision, or other identifiable geographical area;
b. Line: Moving or stationary observation on a specific street or portion of highway between two points; or
c. Directed: Either an area or line patrol, that is specifically
directed by a supervisor and is based upon unfavorable traffic collisions,
enforcement data, or upon high number of citizen complaints. 2. Stationary Observation (CALEA 5th ed. standard 61.1.6b) is used when traffic enforcement vehicles are stopped and positioned in a stationary mode. They will be situated in such a manner that the police vehicles can be clearly observed by motorists using ordinary powers of observation.
a. If emergency equipment devices (lights or sirens) are not in use, traffic enforcement vehicles will be parked in such a manner as not to cause a traffic hazard or to otherwise require a driver to take evasive action to avoid a collision.
b. While operating speed detection devices, traffic enforcement vehicles will not be concealed from plain view. (O.C.G.A. 40-14-7)
3. Unmarked or unconventional vehicles (CALEA 5th ed. standard 61.1.6c) will not used in traffic enforcement operation, however, they may be used to gather traffic data in a specific area or for observation of traffic patterns.
(CALEA 5th ed. standard 61.1.6d & 41.2.3)
4.8.1 The use of checkpoints for seatbelt, vehicle registration, valid driver’s license, insurance, and safety equipment compliance is part of the Department’s overall traffic enforcement program.
4.8.2 Sobriety checkpoints will be one of the enforcement measures of the Department’s DUI Countermeasures Program. When properly used in conjunction with other forms of education and enforcement, sobriety checkpoints can be an effective means to substantially reduce drinking and driving within the City of Atlanta.
4.8.3 Checkpoints will only be operated under the direct and on scene supervision of a sergeant or higher rank commander.
4.8.4 It is the responsibility of the on scene supervisor to ensure that all necessary planning, equipment, and operational requirements are met before the start of a checkpoint location.
4.8.5 Although the principle reason for a checkpoint is to identify potential traffic violators, it also presents an opportunity for officers to be on the lookout for wanted persons or stolen vehicles. All officers at the scene should be aware of current “BOLO” information and of any driver who presents reasonable suspicion of trying to conceal his or her identity.
The following planning activities are to be accomplished by the field supervisor at the checkpoint.
1. Site Selection: The identification of a location for a checkpoint should be done with great care and consideration for the following:
a. Purpose: The purpose of the checkpoint should be centered on possible traffic safety and property offenses. Is it a safety check for seatbelts and children restraint seats? Is a sobriety checkpoint in an area that analysis has shown a high degree of intoxicated drivers? Is it a check for valid registration, driver’s license, and insurance? Is it a check for stolen vehicles where crime statistics have shown a high occurrence of vehicle theft?
b. Safety: The location should provide maximum safety for both officers conducting the checkpoint and the motorists who will encounter it. The most desirable locations are those that are flat and provide sufficient sight distance to give approaching motorist adequate time to come to a safe stop and adequate shoulders and turn-out areas for safe evaluation and processing of drivers suspected of a traffic offense. The field supervisor should visit a potential checkpoint location prior to calling officers to ensure the area is appropriate.
c. Degree of Traffic Flow Interference: The location selected for a checkpoint should minimize interference with the normal flow of traffic as much as possible. If a checkpoint backs up traffic, it is intrusive for the motorist and cumbersome for the officers, and hence unproductive. Additionally, consideration should be given to the reasonableness of holding a checkpoint in a location or at a time that the majority of motorists would be traveling to or from a regularly scheduled event, such as a worship service or sporting event. The field supervisor should monitor the traffic flow during a checkpoint and adjust accordingly.
2. Officer Selection and Training
a. Selection: The required number of officers to properly operate a checkpoint should be evaluated based on the location’s topography and the anticipated offenses. Consideration should be given to the traffic volume, the number of vehicles that could be stopped, the transport of offenders taken into custody, and the need to process traffic offenders at the location. All officers should be trained and familiar in conducting checkpoints. If an officer is unfamiliar with checkpoint operations, he or she should be paired with an experienced officer.
b. Training: Officers who participate in checkpoint operations should be fully aware of all procedural aspects due to their training from the academy and should carry out their assigned checkpoint functions.
3. Vehicles & Equipment: Another principle consideration is the number and types of police vehicles and other required equipment needed to effectively operate the checkpoint. Only marked patrol vehicles and prisoner transport vans will be used. At least two of the marked patrol vehicles in the checkpoint will have their blue lights on. At least one attended marked patrol vehicle will be on continuous standby to stop any vehicle that arouses a reasonable suspicion by attempting to avoid the checkpoint.
4. All employees in the checkpoint will wear their issued reflective traffic vest or rain gear for inclement weather. For checkpoints during hours of darkness, officers will also have their Department-issued or approved flashlights.
1. Vehicles passing through the checkpoint will be stopped in a regulated, predetermined pattern. Examples of acceptable patterns would be: all vehicles, every second vehicle, every tenth vehicle, northbound traffic only, etc. Arbitrary stopping is prohibited, except when the object of the checkpoint is a particular offender. When traffic backs up, officers may allow several vehicles to pass unchecked to avoid traffic congestion.
2. Plainclothes officers will not be directly involved in checkpoint operations unless they are present for anticipated follow-up investigative activities.
3. The location of the checkpoint will be clearly marked as such with at least two marked patrol vehicles with blue lights on and, at the discretion of the on scene supervisor, traffic cones or signs may also be used.
4.8.8 Record Keeping: The on-scene supervisor will document all aspects of the checkpoint operation using Form APD 694 and turn the completed form in to the watch commander before the end of the tour of duty. The watch commander will review the report and forward through the chain of command to the SOS commander for inclusion in traffic analysis. The report should contain the following:
1. Establishment of Checkpoint: The details of the checkpoint’s selection will be made a matter of record. This should include the identification of the various reasons for selecting the specific site such as drunk-driving problem identified in area or theft of vehicles in area. It should also include number of officers involved in operations, if other employees used, and the physical layout of the checkpoint.
2. Checkpoint Operation: Information pertaining to the actual operation of the checkpoint needs to be documented in the report. This includes:
a. The selection criteria used to stop motorists (i.e. every vehicle, every third vehicle, seatbelt check);
b. The need for temporary “shut downs” because of congestion, officers on paperwork, or other reasons;
c. The number of drivers detained for further evaluation and the methods of evaluation used (i.e. drivers without proper identification, insurance, or possibly wanted);
d. The number of citations written; and
e. The number of arrests made and the charge.
4.8.9 Roadblocks are essentially different from a checkpoint because the tactic is used in the specific apprehension of a suspect to a serious crime, such as burglary or robbery, and the apprehension of fugitives.
4.8.10 Roadblock operations will be conducted in the same manner has checkpoint operation
4.9 LoJack Stolen Vehicle Recovery System
4.9.1 LoJack is a system utilized by the Department and other law enforcement agencies to aid in recovering stolen vehicles in a safe and relatively quick manner. The system enables officers to know that a stolen vehicle is in his or her immediate area even before actually encountering the vehicle. Therefore, officers are able to prepare for the encounter by advising a supervisor, requesting additional units, and becoming tactically prepared for the recovery.
4.9.2 Components of the LoJack System
1. The LoJack Unit is an electronic device about the size of a blackboard eraser. Only LoJack technicians install these units and the units are hidden in any one of a number of recessed locations in the vehicle. The unit has two power cables that are attached to the vehicle’s battery. However, if the power is interrupted, the unit has a backup battery capable of lasting approximately 72 hours. The unit has its own “reply code” which is similar to a serial number and enables it to broadcast its unique signal. It is a passive device, which means that it must be activated by an outside source.
2. The Georgia State Patrol Headquarters in Atlanta houses the Central File of all LoJack protected vehicles and determines whether a stolen vehicle is LoJack equipped. It issues commands to activate or de-activate LoJack units.
3. The Georgia Tracking Computer is the device installed in the police vehicle. It consists of:
a. Four antennas mounted on the roof of the police vehicle;
b. The microprocessor mounted in the trunk of the police vehicle. This element receives the signal from the LoJack unit;
c. The Display Head is the component mounted on the dash or ceiling of the police vehicle. It features include:
(1.) Reply Code Display- When the unit receives a signal from a LoJack unit, a five-digit code is displayed on the display head. The officer relays the code to the ACIC operator in Communications. The operator will then check the code and give the officer a complete description of the stolen vehicle.
(2.) Relative Bearing Indicator- This consists of sixteen lighted dots arranged in a circle with one in the middle simulating the police vehicle. The officer should drive in a direction that keeps the dot toward the “noon” position.
(3.) Signal Strength Indicator- This consists of a series of vertical lighted bars that indicate the relative distance between the stolen vehicle and the police vehicle. It advises the officer that he or she is getting closer to or farther away from the stolen vehicle.
4.9.3 After a LoJack Equipped Vehicle Encounter
1. Before advising ACIC to initiate de-activation of the LoJack unit, the officer must have actual physical possession of the stolen vehicle (preferably as the vehicle is being towed). If the vehicle is not recovered after an encounter, do not have the LoJack unit de-activated because the only way to reactivate the unit is to again repeat the reporting process.
2. Due to the increased number of LoJack units that are being installed, many knowledgeable perpetrators will park the vehicle a short distance away and then wait to see if a marked police unit tracks it down. If after awhile when the perpetrator feels that no LoJack unit is hidden on the vehicle, he or she will drive it away. In order to counter this, officers should make note of this type of encounter.
4.9.4 Receiving a LoJack Activation
1. When an officer receives a LoJack activation, he or she will notify
radio dispatch and their supervisor. The officer will switch to ACIC to
confirm the signal. When an Auto Theft Task Force investigator receives an
activation, he or she will notify detective radio and switch to ACIC for
confirmation. 2. When the five-character code appears on the LoJack display unit, lock it in. Officers or investigators will request ACIC to make an inquiry by using the five-character code. When the code has been entered, the audible tone will speed up approximately once per second.
3. The ACIC computer will return a description of the vehicle. The ACIC operator will relay this information immediately to the officer or investigator pursuing the stolen vehicle.
4. An officer who is already on a call and receives a LoJack activation will advise radio dispatch of the situation and will generally complete the call before starting a LoJack response.
5. If more than one officer or investigator receives a LoJack signal, the ACIC operator will assign the call to the police unit with the strongest signal. Other officers and investigators will return to their assigned radio dispatcher and stay in the immediate area as backup units for the primary unit.
4.9.5 Tracking LoJack-Equipped Vehicles
1. When tracking a stolen vehicle from a LoJack signal, try to keep the lighted outer dot on the electronic compass between the 10 and 2 o’clock position. Drive in the direction that causes the signal strength to increase or until the tone becomes clearer.
2. When officers locate the vehicle, they will verify that it is stolen and inform ACIC of the location and whether the vehicle is occupied. If the vehicle is occupied, the officer will:
a. Advise the main radio dispatch for the zone and request backup;
b. Make every effort not to alert the operator or occupants until backup units are in position and ready to assist;
c. Follow the Department’s pursuit policy (APD.SOP.3050 “Pursuit Policy”) if the vehicle attempts to elude the police units.
3. Upon recovery of a stolen vehicle with a LoJack transmitter, the recovering unit will immediately notify ACIC to de-activate the Lojack transmitter in the recovered vehicle once the VIN has confirmed.
4. After recovering the stolen vehicle, the officer will follow normal procedures for reporting the recovery and any subsequent impound. It should be noted in the incident report and on the impound form that the recovered vehicle was “LoJack Equipped.”
5. The Auto Theft Unit will prepare quarterly reports on the stolen vehicles in the City, vehicles equipped with LoJack, and the recovery of vehicles equipped with LoJack. These reports will be forwarded through the chain-of-command to the CID commander and a copy will remain on file in the unit for three years.
6. An officer who has an approved civilian observer riding with them may pursue a LoJack signal, but will let backup units conduct the vehicle stop, if any.
1. Upon reaching the zone boundary, the unit responding to a Lojack signal will notify the next zone through radio dispatch and abandon pursuit unless he or she has a visual on the vehicle, in which case the Department’s pursuit policy will govern.
2. Upon reaching the City’s boundary, officers and investigators will abandon the pursuit unless they have a visual of the stolen vehicle, in which case the Department’s pursuit policy will govern. The primary unit will have radio dispatch notify the next jurisdiction of the LoJack signal and vehicle description.
4.10.1 Drivers exceeding the posted speed limit can be detected by officer’s observation and the use of the patrol vehicle’s speedometer (as performed during the Emergency Vehicle Operations Course at the Academy). This is probably the most frequent speed detection measure during patrol activities. If an officer cites a driver for excessive speed beyond the posted limit or road conditions, it will be noted on the traffic citation that the patrol vehicle was used to clock the speed of the offender. If this method is used by the officer, he or she should ensure the patrol vehicle’s speedometer is in approximate measurement condition at the beginning of the tour of duty and be prepared to testify to such (i.e., Preventive Maintenance Schedule). (O.C.G.A. 40-6-180, 40-6-181, 40-6-186, and 40-6-187; CALEA 5th ed. standard 61.1.9a-e)
4.10.2 Equipment Specifications for Speed Measuring Devices (CALEA 5th ed. standard 61.1.9a): Sworn employees will only utilize speed measuring devices that meet or exceed the performance specifications established by the Georgia Department of Public Safety. (O.C.G.A. 40-14-1)
(CALEA 5th ed. standard 61.1.9b)
1. No speed measuring device will be operated until the appropriate application for a permit has been made by the City’s governing authority and the subsequent approval and authorization received from the Georgia Department of Public Safety.
2. No speed measuring device will be operated:
a. Within 500 feet of warning signs on the state highway system advising motorists that speed detection devices are being employed (O.C.G.A. 40-14-6);
b. From a concealed vehicle or one that is not visible to approaching motorists for at least a distance of 500 feet (O.C.G.A. 40-14-7);
c. Within 300 feet of a reduction of speed limit sign inside City of Atlanta limits (O.C.G.A. 40-14-9);
d. Within a period of 30 days following the posting of a revised or new speed limit sign (O.C.G.A. 40-14-9)
e. On any street or roadway which has a grade in excess of seven percent (O.C.G.A. 40-14-9);
f. Without being certified for compliance by a technician possessing a certification as required by the Department of Public Safety (Laser not required under Federal Communications Commission; O.C.G.A. 40-14-4); or
g. For any reason other than for the promotion of the public health, welfare, and safety (O.C.G.A. 40-14-11).
3. Speeding citations will only be initiated if the violator’s speed:
a. Exceeds the posted speed limit by more than ten miles per hour unless the speed is too fast for prevailing conditions;
b. Is more than the posted limit by any amount within a marked school zone one hour before, during, or after normal hours of school operation; or
c. Exceeds the posted speed by any amount within a residential zone that has a marked limit of less than 35 miles per hour (O.C.G.A. 40-14-8).
4. Additional operational requirements: The precise method for using a speed measuring device and the enforcement of those laws applying to speed will vary in accordance with the type of equipment used. Generally, the following procedures will apply:
a. The equipment must be properly installed and operated according to the manufacturer’s specifications;
b. The effective range of the unit must be thoroughly understood by the operator so visual observation can support the speed readings; and c. Any unit not meeting the manufacturer’s minimum accuracy requirements will be removed from service and will not be used until it has been serviced, tested, and re-certified by a qualified technician. (O.C.G.A. 40-14-5)
4.10.4 Proper Care and Upkeep (CALEA 5th ed. standard 61.1.9c): will be performed by the operator, as specified by the equipment’s manufacturer, and will include cleanliness, daily inspections, and necessary follow-up action to correct any noted deficiencies.
4.10.5 Maintenance and Testing Records (CALEA 5th ed. standard 61.1.9d):
1. The zone commanders, SOS and any other units in control of speed measuring devices will be responsible for ensuring that the necessary maintenance and testing is performed; that operational records are developed for each assigned speed measuring device; and that such records are maintained for suitable introduction as evidence in court.
2. Programmed maintenance will be performed when stipulated by the manufacturer or at least on an annual basis, whichever occurs sooner.
3. The operator will test the device for accuracy; record and maintain the results of the test at the beginning and end of each tour of duty on their speed detection log. (O.C.G.A. 40-14-5)
4. Records will be maintained by the operator for each unit to include:
a. Statement of origin and accuracy;
b. All tests performed, including the time, date, and results of test; and
c. All reported defects and repairs.
5. If there is a problem with the device as detected by the operator, an incident report will be completed referencing the items in Section 4 and an immediate supervisor will be notified.
4.10.6 Operator Training and Certification (CALEA 5th ed. standard 61.1.9e)
1. Officers who operate speed measuring devices have successfully completed an initial basic operator course and receive certification training. Officers who operate laser devices do not need to be re-certified. Officers who operate radar devices must be re-certified every three years. (O.C.G.A. 35-8-12)
2. Such training will include:
a. Familiarization with the theory of operation of speed detection devices;
b. Instruction on speed detection equipment characteristics and operation by a properly trained instructor;
c. At least 16 hours of in-car, on-the-job instruction detecting, tracking, and documenting violations under the direct supervision of an experienced operator or instructor;
d. Demonstrated equipment proficiency to the instructor; and
e. Satisfactory compliance with all minimum requirements specified by Georgia P.O.S.T.
4.10.7 Courtroom Testimony: Officers who operate speed detection devices should be prepared to testify to the following in court:
1. The time, place, and direction of the vehicle, its description, and the speed of the motorist as displayed on the speed measuring device;
2. That the defendant’s vehicle was identified as the violator vehicle to the exclusion of other traffic on the roadway;
3. That the defendant was the individual operating the vehicle within the City limits;
4. That the equipment was operating properly;
5. That the device was checked before and after the violation by an approved calibration method; and
6. Establish operator qualifications and training.
4.11 Impaired Driving Enforcement (CALEA 5th ed. standard 61.1.5a):
4.11.1 Driving under the influence of alcohol/ drugs has been interpreted by the courts to mean that there is a presumption of impairment when a motorist’s ability to operate a vehicle is adversely affected by the consumption of alcoholic beverages or other drugs.
1. The fact that a driver has the odor of alcoholic beverages on his or her breath is not sufficient cause for an arrest. The violation occurs when the driver’s ability is impaired.
2. DUI offenses are potentially life threatening violations that require immediate and decisive enforcement actions to prevent suspected violators from committing a deadly act.
3. Impairment due to an intoxicating alcoholic beverage is where the level of intoxication is .08% or more; .02% or more for drivers under the age of 21 and .04% or more for commercial vehicle drivers (O.C.G.A. 40-6-391).
4. Impairment due to any drug, as defined by O.C.G.A. 16-13-21, where there is reasonable articulable suspicion or probable cause that the effect has rendered the driver a less safe driver;
5. Drivers found in violation of DUI laws will be arrested. The arrest will be based upon probable cause and the observed actions of the driver on the roadway during a traffic stop, at a checkpoint, or after involvement in a collision. These actions may be subsequently verified by a field sobriety test, breath intoximeter, urine, and/or blood tests.
(CALEA 5th ed. standard 61.1.10, 61.2.1d, & 61.2.2c)
1. Drivers impaired by alcohol and/or drugs represent a serious threat to the lives and safety of persons using the streets and highways of the City of Atlanta. Therefore, the use of a variety of comprehensive, coordinated, and continual countermeasures involving education, enforcement, adjudication, treatment, and public support are essential to the Department’s efforts to combat the problem of driving under the influence.
2. Enforcement is the key to the Department’s DUI Task Force. The DUI Task Force is a select unit of officers whose primary focus will be on DUI enforcement; however, all sworn officers will be vigilant in detecting and arresting impaired drivers.
3. DUI enforcement measures consist of:
a. Selective assignment of officers at the times and locations where analysis has shown that a significant number of violations and/or collisions involving impaired drivers have occurred;
b. Selective surveillance of streets and highways where citizens have reported sightings of impaired drivers; and
c. Sobriety checkpoints for the deterrence and detection of DUI offenders.
4.11.3 Motorists observed operating a vehicle in a manner indicating possible impairment will be stopped so that a further investigation can be performed to determine the driver’s continued fitness to drive. Such observable driving characteristics are, but not limited to:
1. An inability of the driver to maintain consistent directional control within the traffic lane;
2. Uneven or jerky stops and/or starts;
3. Sudden stops, jack rabbit starts, or prolonged stops;
4. Speeds above or below the flow of traffic; and
5. Other potentially dangerous acts such as sudden lane changes or forcing other drivers to take evasive actions to avoid a collision.
4.11.4 Following a traffic stop or vehicle collision, officers will be alert for any signs of alcohol/drug impairment. Recognizable symptoms usually associated with impairment include, but are not limited to:
1. Flushed face and bloodshot glassy eye appearance;
2. Noticeable odor of alcoholic beverage;
3. Problems associated with performing physical tasks related to the traffic stop (i.e. retrieving driver’s license, finding insurance or registration information);
4. Slurred speech, erratic behavior, slow response, and other related deficiencies such as clarity, volume, and sentence structure; and
5. Hiccupping, belching, vomiting, profound sweating, sudden emotional swings such as crying or laughing.
4.11.5 Initial Investigation Procedures for DUI Offenders (CALEA 5th ed. standard 61.1.11 & 61.2.2c): Officers will take the following actions when handling a suspected DUI offender.
1. Be Polite and Professional; remain aware that the driver’s judgment, self-restraint, and self-confidence may become distorted. This often leads the motorist to demonstrate a lack of cooperation, belligerency, and even physical contact.
2. Do Not Become Argumentative with the violator. Answer any questions posed by the motorist, so that he or she will be further encouraged to talk and thereby reveal their ability to speak and any odors of alcoholic beverages on their breath.
3. Ask the Driver Questions while he or she is attempting to perform a task, such as search for their driver’s license or vehicle information. Questions like, “What is your middle name?” or “What is your address?” or “Can you tell me what time it is?” are designed to divide the attention of the driver and provide indicators of impairment by revealing whether the motorist has difficulty, or cannot perform, a mental and physical task simultaneously.
4. Do Not Allow the Subject to Move the Vehicle when impairment is suspected.
5. Request the Subject Exit the Vehicle if there is reasonable cause to believe the driver’s ability is impaired.
a. Proceed to a safe location on the shoulder of the roadway or off the roadway such as a parking lot to better observe the individual’s movements, balance, appearance, and general ability to perform walking movements.
b. Request assistance from another unit through radio, if necessary, to move to a safer location.
4.11.6 Standardized Field Sobriety Tests
1. When investigating suspected impaired drivers, officers will employ the use of standardized field sobriety tests if the driver is physically capable, conditions permit, and it is generally safe to do so. Psychophysical tests are methods of assessing a suspect’s mental and physical impairment. If available, request the dispatcher to send another unit to witness the testing and assist in officer safety measures.
2. Officers will use one or a combination of the below standardized field sobriety tests. Officers who have had specialized training through the DUI Task Force will be authorized to conduct other field sobriety tests in addition to the standardized tests (APD.SOP.4040 “Special Operations Sections”). Officers will record the standardized field sobriety test used and the results in his or her incident report.
3. The driver should be advised that the tests are voluntary and that he or she has the right to refuse.
a. Horizontal Gaze Nystagmus Eye Test: This test may only be conducted by officers who have been trained and certified through the DUI Detection Standardized Field Sobriety Testing course. If the arresting officer wants the test done, they should contact a trained officer to come to the scene. It is not necessary for the test to be done to establish probable cause for a DUI arrest;
b. One-Leg Stand: This divided attention test consists of evaluating the suspected impaired driver’s ability to successfully follow verbal instructions. The suspect is to stand with their heels together and arms at their sides, and not to begin the test until the officer says to begin. When the suspect is told to begin he or she is to raise up either leg approximately 6 inches off the ground, foot parallel to the ground. The suspect is to stare at their elevated foot and count aloud ( 1001, 1002, 1003…) until the officer tells the suspect to stop. The suspect is to keep both legs straight and their arms at their sides at all times. The officer is to time the test on his or her wristwatch, for a period of 30 seconds.
c. Nine Step Walk-and-Turn: This test consists of evaluating the suspected impaired driver’s ability to successfully follow verbal instructions, walk in a straight line from one designated point to another (heel-to-toe) for nine steps, turn around according to the investigating officer’s instructions, and return to the starting point. During the evaluation the suspect is to look at their feet at all times, keep their arms at their sides, and count their steps out loud. Once they start the evaluation do not stop until the test is completed. Before administering the test, the investigating officer should ask the driver if they have any injuries or problems that would affect his or her walking.
4. Alternative field sobriety tests will be administered if the suspected impaired driver is unable to perform the standardized field sobriety tests due to physical limitations, possible injury, weather, surface defects, etc. Officers will record the reasons for substituting the alternative field sobriety tests for the standardized field sobriety tests in his or her incident report.
5. When using alternative field sobriety tests, the investigating officer will employ the use of the following “divided attention” tests:
a. Finger-to-Nose: This test consists of evaluating the suspected impaired driver’s ability to successfully follow verbal instructions, stand erect with their heels together, head tilted back, eyes closed, and arms down at their sides, make fists with the index finger extended and rotate the palms forward. When instructed to do so the officer will be calling out the left or right hand. The suspect is to touch the tip of the finger to their nose and bring hand down to the starting position. The suspect is to use a forward high arch8ing motion to complete this task. The officer will always use the sequence “left…right…left…right…right…left”. The officer will demonstrate the test (without closing their eyes) if necessary.
b. Alphabet Recitation: This test consists of the investigating officer choosing a portion of the alphabet (ex. “J” through “X”) and have the subject recite the string of letters in proper order starting from the letter given. The officer should ensure the driver knows the alphabet before beginning.
c. Rhomberg Balance: This test requires the suspect to stand with the feet together, the head tilted slightly back, eyes closed, and estimate the passage of thirty seconds. When suspect believes that the thirty seconds have passed, he or she is to tilt the head forward, open the eyes, and say, “Stop”. The officer is to tell the suspect to begin while timing the suspect on his or her watch.
6. After conducting the initial investigation at the scene of a traffic stop involving a suspected impaired person, if probable cause does exist through observation and field sobriety tests, officers will physically arrest the offender.
4.11.7 Arrest - DUI /First Time Resident Offenders and all Non-resident Offenders Who Submit to State-Administered Chemical Tests (CALEA 5th ed. standard 61.1.11 & 61.2.1d):
1. The investigating officer will physically arrest and make an incident report of (and accident report, if applicable) any violator charged with driving under the influence of alcoholic beverages whose level of intoxication is .08% or more and 21 years-of-age or older. Also if the driver has a blood alcohol greater than .05% yet less than .08% and the officer has probable cause to believe he or she is a less than safe driver or is under the influence of alcohol or drugs. (.02% or more for drivers under age 21, .04% for commercial drivers)
2. Whenever a driver is charged with DUI, and has a valid driver's license, the officer will seize the license.
a. The arresting officer will take the driver's license of all DUI violators regardless of whether the driver is a resident of the State of Georgia or from another state. The officer will place the drivers license in a small manila envelope and attach it to the court's copy of the traffic citation.
b. In Section IV of the traffic citation, "License surrendered in lieu of bail" must be marked "no".
c. The arresting officer will turn in the confiscated driver's license along with the appropriate copies of the citation to his or her immediate supervisor before completion of the tour of duty.
d. The supervisor will ensure that the license and citation are promptly delivered to the City Traffic Court.
3. On the traffic citation the officer will assign a court date from 21 to 28 days from the violation date, for DUI and any companion charges against the violator.
4. The arresting officer and any witnesses do not need to attend the first appearance in court; therefore, the investigating officer should not subpoena witnesses at the scene, but will write their names, addresses, and telephone numbers on the incident report, so that they may be subpoenaed when needed.
5. When the arrest is made, the officer will immediately and while still on the scene advise the driver of the following:
a. That he or she is under arrest for Driving Under the Influence;
b. The portion of the Implied Consent Warning that applies to the incident (below).
6. Upon arrest of an impaired driver, the arresting officer will immediately transport him or her to the Atlanta Pretrial Detention Center or to Grady Memorial Hospital for the appropriate test(s) of the arresting officer's choosing. The defendant's copy of the traffic citation must accompany the defendant.
a. Blood test for alcohol or drugs: The arresting officer must be present during the drawing of blood, and the officer should ensure that two samples of blood are taken. The officer should note the name of the person who drew the blood in the incident report. If the officer suspects an individual is under the influence of drugs it should be noted on the crime lab paperwork to check for drugs and which specific drugs to check if known or suspected. Ensure in cases where the charge is Vehicular Homicide that each sample vial is marked “Vehicular Homicide”.
b. Breath test (for alcohol only): The defendant must be in a controlled environment for a period of at least 20 minutes before the test is administered. The courts have rules that a handcuffed person in the back seat of a police vehicle is considered in a controlled environment. The arresting officer’s 20 minutes starts at the time. During this time the defendant must be prohibited from consuming any liquid and if the defendant should vomit, the condition should be noted in the incident report. If the defendant vomits, wait until he or she has recovered sufficiently to wash his or her mouth out with water, and then restart the 20-minute waiting period from the beginning. Any such incident should be noted in the narrative of the incident report
c. Do not permit the suspect to use any form of tobacco until the chemical test(s) are completed.
d. Officers may request more than one type of test to be administered with DUI violations. If the officer is requiring the suspect to submit to another test, he or she will again read the Implied Consent Warning to the arrested person
e. Once the State-administered chemical test has been completed, the subject has the right to an additional test by personnel of his or her own choosing (at his or her own expense). The defendant is not entitled to an additional test until after the state tests have been administered. The defendant may request additional tests at any time, however the additional test must be requested while the suspect is in the arresting officer’s custody.
f. It is the officer’s responsibility to assist the subject in securing an independent test. This may include transporting the defendant to a testing facility of the defendant’s choosing up to an hour drive outside the city limits. This also includes transporting the defendant to an ATM, to his vehicle, or to another location to retrieve money to pay for the testing. Before transporting the defendant, the officer will inform his or her supervisor to obtain permission.
7. All drivers whose breath test result is greater than .08% (.02% for drivers under age 21 and .04% for commercial vehicle drivers) on the breath Intoxilyzer 5000 will post bond.
4.11.8 Arrest - DUI (Second and Subsequent Arrests for Georgia Residents)
When it is determined that a person arrested for DUI has been previously arrested in the past five years for DUI (through a check of the offender's driver’s license record), the arresting officer, in addition to completing the steps in Section 4.11.6, will complete the following steps:
1. Complete the Administrative License Suspension Form (DPS form 1205) and give a copy to the arrested person.
2. Place the arrested person's driver's license in the small manila envelope and attach it to the DPS form 1205 on the front in the top left corner.
3. The arresting officer will give the completed DPS form 1205, along with the arrested person's driver's license attached, to his or her supervisor. The supervisor will collect all of the forms for the watch, ensure that they have been completed correctly, and forward them (in an inter-department delivery envelope) at the end of each tour of duty to the Departmental mail room at headquarters for mailing to the Georgia Department of Public Safety.
4.11.9 Georgia Department of Public Safety Form 1205
When Georgia residents are arrested for DUI who have been arrested for DUI within the previous five years or any person arrested for DUI who refused to submit to the required state-administered chemical test(s), the arresting officer will complete a DPS form 1205.
1. In the "Temporary Driving Permit" section of form 1205, officers will write his or her signature to make valid the temporary driver's permit. If the arrested person's license is already under suspension or otherwise invalid, the officer will write "void" in the signature space.
2. When administratively suspending a person's license (completing form 1205), officers will notify the person that he or she has the right to an Implied Consent Hearing, but that the hearing must be requested, in writing, within 10 business days and sent to the address at the top of form 1205. The driver will receive a copy of form 1205 upon completion by the arresting officer.
3. The arresting officer will bring a copy of the incident report, citations, and any other paperwork as a result of the attempted DUI chemical testing to the Implied Consent Hearing when subpoenaed.
4.11.10 Georgia Department of Public Safety Form 1205-S
When officers arrest DUI offenders and request state-administered chemical test(s), for alcohol, where the results are not immediately available (ex: blood or urine) the officer will upon receipt of results that are above the legal limits complete a DPS form 1205-S. Specifically, the following results require the officer to complete the form 1205-S:
1. Chemical test(s) results indicated a blood alcohol concentration of 0.08 grams or more; or
2. The driver was under the age of 21 and the chemical test(s) results indicated a blood alcohol concentration of 0.02 grams or more; or
3. The driver was operating or in actual physical control of a moving commercial motor vehicle and the chemical test(s) results indicated a blood alcohol concentration of 0.04 grams or more.
4.11.11 Refusal to Take Sobriety Test
1. Persons arrested for driving under the influence who refuse to take the required test(s) will be transported to Atlanta Pretrial Detention or Grady Memorial Hospital Detention, as appropriate.
2. When a person is arrested for driving under the influence, but refuses to submit to the required test(s), the arresting officer will complete a Georgia Department of Public Safety form 1205.
3. The arresting officer will enter "N/A" in the "Official Notice of Intent to Suspend License" section of Georgia Department of Public Safety form 1205. The violator must sign form to activate temporary driving permit.
4. The arresting officer will then forward the form 1205 and driver's license to the Georgia Department of Public Safety in accordance with the procedure in Section 4.10.8.
5. After form 1205 has been completed, the arrested person will be processed for arrest according to the respective procedures for adults or juveniles. (CALEA 5th ed. standard 61.1.13)
4.12.1 Threat to Public Safety or Property: Parking enforcement activities will normally be limited to situations that present a threat to public safety or property. Examples of conditions that may constitute such a threat are when a motor vehicle is:
1. Situated in such a manner to either block other moving traffic or is causing a traffic hazard; or
2. Parked in a fire lane or other location that would seriously impede emergency vehicles.
4.12.2 All sworn officers and TCI (Traffic Control Inspectors) employees will adhere to O.C.G.A. 40-6-200, 40-6-203, and 40-6-206 in enforcing proper parking of attended and unattended vehicles.
4.12.3 The following actions will be initiated if a parked or standing vehicle poses a threat to public safety or property:
1. If present, the driver will be directed to move the vehicle to an authorized location (O.C.G.A. 40-6-206a);
2. An appropriate nonmoving traffic citation will be issued to unattended vehicles;
3. If left unattended, the vehicle will be impounded (refer to section 4.12) in the following situations:
a. O.C.G.A. 40-6-206b: Any police officer is authorized to remove or cause to be removed to a place of safety any unattended vehicle illegally left standing upon any highway, bridge, or causeway or in any tunnel;
b. O.C.G.A. 40-6-206c: A reported stolen vehicle; if those in charge of a vehicle are unable to provide for its custody or removal; if the person driving or in control of such vehicle is arrested for an alleged offense for which the officer is required by law to take the person arrested before a proper magistrate without unnecessary delay; any vehicle that has been left unattended for 24 hours or more; or a vehicle stopped, except when traffic congestion makes movement impossible, on a controlled-access highway; and.
c. O.C.G.A. 40-11-3: A vehicle left unattended on a public street, road, or highway or other public property for a period of at least five days.
4.12.4 Handicapped Parking Violations: The enforcement of handicapped parking will normally be performed in response to public complaints or observation (O.C.G.A. 40-6-226). Violators will be:
1. (Attended) instructed to move their vehicle to an authorized parking location; or
2. (Unattended) issued a nonmoving traffic citation and, at the discretion of the officer, impounded.
(CALEA 5th ed. standard 61.4.3)
4.13.1 Officers must follow these guidelines every time they impound a vehicle:
1. Switch to ACIC 1 or 2 to check the vehicle for stolen status by advising an operator of the make and model of the vehicle, Vehicle Identification Number (VIN) and license plate number.
a. The officer must verify the VIN based on reading it off the vehicle rather than relying on the information from the Mobile Data Terminal (MDT).
b. The officer must confirm stolen status with ACIC 1 or 2 even if the vehicle has been identified as stolen after checking it on the MDT.
2. If the vehicle is stolen, the officer will stand by on the ACIC channel until the “hit” has been confirmed by the operator. The officer will provide such additional information as requested by the operator, including but not limited to location of the vehicle, whether the vehicle is damaged, and whether items are missing from the vehicle.
3. When dealing with a vehicle that is not stolen, officers will switch to ACIC 3 in order to advise an operator there that a vehicle is being impounded, at which time the officer will relay the following: make and model, license plate number, VIN, location of impound, name of contract wrecker service and reason for impound.
4.13.2 Under the circumstances outlined in sections 4.13.3 through 4.13.6, an officer will impound a vehicle without supervisory approval. Otherwise, supervisory approval is required.
1. The watch supervisor is responsible for reviewing all completed impound reports and their supporting documentation for completeness and legibility.
2. The supervisor’s signature will serve as verification that this review has been completed.
4.13.3 Impound for Illegal Parking (CALEA 5th ed. standard 61.4.3b)
If a vehicle is illegally parked and meets one or more of the conditions listed below, the officer may impound it. The officer will make reasonable efforts to locate the driver and have him or her move the vehicle. If the driver is found or comes to the scene before the wrecker leaves with the vehicle, issue the driver a traffic citation for illegal parking and release the vehicle.
1. The vehicle is illegally parked and blocking traffic on an arterial street (any U.S. or State-numbered route, controlled access highway, or other major radial or circumferential street or highway designated by the City as a part of a major system of streets or highways) between 0700 and 0900 hours or between 1600 and 1800 hours.
2. The vehicle has a minimum of three unpaid parking tickets or fines totaling over $100 and is again illegally parked at the time of impound.
3. The vehicle is blocking traffic on a freeway or is creating a traffic hazard on any street.
4. The vehicle has been left over eight hours on the shoulder of a freeway or is parked on a city street without a tag or with an expired tag.
5. The vehicle is illegally parked in the parking lots or street spaces reserved for police vehicles.
6. The vehicle is illegally parked and would impede the entrance or exit of any emergency vehicle at a large gathering, such as Turner Field, Phillips Arena, Georgia Dome, Piedmont Park, etc.
7. The vehicle is illegally parked on a City street, blocking a legal driveway so that vehicles cannot enter or leave, and the person desiring to use the driveway has complained.
8. The vehicle is illegally parked in a parking space on public or private property, reserved for use of the handicapped by a sign designating it as such.
4.13.4 Impounding Abandoned Vehicles (CALEA 5th ed. standard 61.4.3a, b)
1. An officer encountering an abandoned vehicle on public property will attempt to notify the owner of the vehicle. If the owner or person responsible for the vehicle cannot be found, the officer will place a written notice (an orange 5-day sticker) on the windshield of the vehicle to determine if it is actually abandoned. If after five days the vehicle has not been moved, the officer will impound the vehicle.
2. An officer will not impound a vehicle from private property unless the vehicle is wanted in connection with a crime or the vehicle constitutes an immediate danger to life or property.
3. When a complaint is received of an abandoned vehicle on private property that is creating a health or fire hazard, the officer will make a report and have a copy forwarded to the proper agency. If the hazard is of an immediate nature, the proper agency will be contacted immediately by telephone.
4.13.5 Impounding unattended vehicles
1. After the wrecker has removed the unattended impounded vehicle, the impounding officer will:
a. Switch to ACIC and advise the operator of the license plate number, the VIN, and the make/model of the vehicle;
b. Give the location from which the vehicle has been impounded, the name of the wrecker service, and the CAD number; and
c. Give the reason for the impound.
2. The ACIC operator will enter all information about the impounded vehicle into the CAD wrecker file. Before taking a stolen vehicle report, Teleserve will query the GCIC hot files for stolen and the registration file of the appropriate state. To ensure the Department has not impounded the vehicle, Teleserve will also query the CAD wrecker file.
4.13.6 A vehicle will be impounded if:
1. The driver is arrested, not qualified, not capable to drive the vehicle due to impairment, or not having a valid license, and:
a. The operator refuses to release the vehicle to a person of his or her own choosing who is present and is properly qualified and capable of operating the vehicle, or there is no such person present.
b. The vehicle is not parked at his or her residence or property.
NOTE: Officers will ensure that another officer witnesses the offender giving consent for the vehicle's release to protect the officer and the Department from liability.
2. The vehicle contains evidence or contraband that requires the vehicle be taken to a police facility to conduct a proper search.
3. The vehicle has to be processed for latent prints, bloodstains, or other laboratory analysis.
4. The vehicle does not have valid insurance coverage or its condition would not permit operating it without it becoming unsafe or creating a hazard.
5. Otherwise necessary and authorized by a supervisor.
4.13.7 Impounding Government Vehicles
1. Whenever an officer is summoned to or observes a government-owned vehicle parked in such a manner that it presents a hazard to safety or property, and such vehicle is unattended, the officer will request permission from his or her supervisor to impound such vehicle.
2. Government vehicles that have unpaid parking tickets will not be impounded but will be reported by making an incident report. A copy of this report will be forwarded to the government agency that the vehicle is registered to.
3. When a government vehicle is impounded, the impounding officer will insure the proper agency is notified as soon as possible.
4.13.8 Assisting Stranded Passengers
When an officer arrests the driver of a motor vehicle that is subsequently impounded, and other occupants of the vehicle do not have transportation for themselves, the officer will:
1. Assist the person(s) in obtaining transportation to a secure location if this can be accomplished in a reasonable length of time.
2. Otherwise, notify his or her immediate supervisor of the situation. The immediate supervisor will:
a. Give the requesting officer permission to transport the person(s) to a secure location; or
b. Make arrangements for some other officer to transport the person(s) to a secure location; or
c. Transport the person(s) to a secure location in his or her vehicle.
4.13.9 Inventory and Incident Report
1. An incident report and Impound Report (Form APD005) will be completed for each impounded vehicle. In certain circumstances as contained in Section 4.13.12, the Impound Report may be used in lieu of the incident report.
2. Every impounded vehicle will be inventoried prior to its release to the wrecker service. All property that is considered “valuable” will be removed, inventoried, and turned into the Property Control Unit.
3. If upon conducting the inventory, the officer finds a container, which is unsealed but accessible (i.e. box, suitcase, briefcase, etc.), he or she will open the container to inventory the contents.
4. When conducting an inventory search, the officer will search all compartments (passenger, engine, trunk, etc.). Electronic items such as radios, CD players, cassette or tape players, DVD players, or T.V. monitors that are installed within the vehicle will be noted in the incident report and the Impound Record Form. If the officer has access to the trunk, he or she will also record spare tires and jacks.
4.13.10 Vehicles Placed in Investigative Holding Cages
If a vehicle must be held pending further investigation, the vehicle is to be stored in an investigative holding cage located at City Hall East. The lone exception to the above is when a vehicle is held for Financial Investigations, discussed below in Section 4.13.11. No vehicles with holds for other units are to be taken to an impound lot. (See APD.SOP.3068 for further information on the procedures in this section.)
1. The following units have their own cages set aside for vehicles under investigation: Hit & Run, Homicide and Financial Investigations. Officers will not put a vehicle in an investigative holding cage unless directed to do so by an investigator or employee of one of the above referenced units. An investigator of the appropriate unit must accompany the officer to provide access to the cage. (See APD.SOP.3068 for further information on this subject.)
a. To hold a vehicle for Hit & Run, the officer must first get authorization from the on-call investigator from the unit at 404-617-8166.
2. If a FOD Zone Investigations or General Investigations unit directs an officer to place a hold on a vehicle for further investigation, the vehicle will be placed in the cage designated for either the Identification Unit or General Investigations (also utilized for Auto Theft Task Force, Robbery and Fugitive units). Officers will accompany the contract wrecker to the Property Control Unit. A Property Management Technician (PMT) will have the officer sign for a key to the appropriate investigative holding cage (Identification or General Investigations) and the officer will provide the PMT with Copy 3 of the Impound Report.
3. Officers will ensure that the Impound Report contains the following information: reason for impound (line 34); the investigator’s name, unit assignment, radio number and phone number (line 48); and the holding cage being used (line 52).
4. Officers will accompany the contract wrecker to the cage and secure the cage once the vehicle is placed inside, and then provide Copy 2 of the Impound Report to the contract wrecker driver.
5. In some cases, an investigator will have to meet the officer at the cage in order to provide access to the area. Officers will still be responsible for providing the PMT’s with Copy 3 of the Impound Report.
6. If the officer is not accompanied by an investigator to the holding cage, the officer must fax a copy of the Incident Report, Impound Report and property sheet (if any) to the appropriate investigator before the end of the shift.
4.13.11 Holds for Financial Investigations
1. Vehicles impounded due to involvement in crimes relating to drugs, illegal whiskey, lottery or gambling devices will be held for 10 (ten) days. These vehicles are the only ones with administrative holds that may be transported to an impound lot.
2. During that period, they may only be released with the authorization of a Financial Investigations supervisor. A supervisor from Financial Investigations may agree to release the vehicle on the condition that the receiving party signs a “hold harmless” agreement.
3. All impounding officers will do the following when placing a hold pending further action by Financial Investigations:
a. Contact a Financial Investigations investigator before the contract wrecker service leaves with the vehicle to confirm that a hold is appropriate at (404) 853-4275.
b. Call a sergeant to the scene to sign the Impound Report (line 52) and approve the vehicle’s status with a Financial Investigations hold.
c. Fax copies of the Incident Report, Impound Report and property sheet to Financial Investigations at (404) 853-4296 before the end of the shift.
4.13.12 Vehicles Sought by Other Agencies
1. Officers will stand by with a vehicle sought by another law enforcement agency within the 10-county metro Atlanta area so long as the agency agrees to collect the vehicle from the scene in a timely manner. The 10-county metro Atlanta area is recognized as the following counties: Cherokee, Clayton, Cobb, DeKalb, Douglas, Fayette, Fulton, Gwinnett, Henry and Rockdale.
2. Vehicles sought by agencies outside the metro Atlanta area will be transported to the General Investigations holding cage for safekeeping. A Property Control Unit (PCU) supervisor or designee must be notified at the time the vehicle is placed in the cage. A Zone Investigations unit from the Zone where the vehicle was recovered will contact the agency as soon as possible to ascertain the status of the vehicle and assist in any efforts to retrieve the vehicle.
4.13.13 Cancellation of a Contract Wrecker
An officer will only cancel a dispatched APD contract wrecker when the vehicle, for which the contract wrecker was called, is no longer required to be towed or has been moved prior to the contract wrecker arriving on the scene. When an officer cancels an APD contract wrecker, the officer will provide the radio dispatch with the reason for the cancellation.
4.13.14 Vehicle Impound Report (CALEA 5th ed. standard 61.4.3c)
The Vehicle Impound Report (APD-005) is designed to aid in the formal accounting of vehicles impounded by the Department. The proper completion of the form will contribute to the security and disposition of the property or evidence. When used to document an impound, this form takes the place of the vehicle data part of the incident report. (APD.SOP.3060 “Reports and Report Writing”)
4.13.15 When to prepare the Vehicle Impound Report:
1. Use the Vehicle Impound Report to list each vehicle impounded in an incident.
2. For the following, the Vehicle Impound Report is the only document needed, and the officer will pull in Code 10 to radio dispatch:
a. Illegal Parking;
b. Excessive Parking Citations;
c. Abandoned Vehicles; and
d. Copy of Charges on Traffic.
3. Do not use the Vehicle Impound Report to report a vehicle that is not being impounded. Use the vehicle section of the incident report or the supplement to report a stolen or damaged vehicle and vehicles used in crimes that have not been impounded.
4. The Vehicle Impound Report is printed on No Carbon Required (NCR) paper. The four copies are distributed as indicated on the bottom of the form and outlined below:
a. Central Records (white): The original, it is turned in with the rest of the report to the officer’s supervisor for approval and forwarded to the Central Records Unit as a part of the incident report.
b. Property Control (yellow): This copy is turned into the Property Control Unit along with any actual property or evidence.
c. Wrecker Driver (pink): This copy is given to the wrecker driver for their company records.
d. Owner (gold): This copy is given to the owner of the vehicle listed on the form.
4.14 Traffic Direction and Control (CALEA 5th ed. standard 61.3.2)
4.14.1 The Atlanta Police Department will carry out its responsibility for traffic direction and control by providing and managing appropriate employees and alternative resources adequate to deal with all traffic needs.
4.14.2 Manual Direction of Traffic (CALEA 5th ed. standard 61.3.2b, g)
1. Visibility: Officers will wear reflective jackets or vests when directing traffic unless it is an emergency situation where time does not permit the use of the jacket or vest. During adverse weather conditions, officers will wear reflective jackets or rain gear when directing traffic. Officers will position themselves where they can be seen clearly by all vehicles or pedestrians, usually in the center of an intersection or street. Officers will stand straight with their weight equally distributed on both feet, with their arms hanging easily at their sides, except when gesturing. Officers will always stand facing the traffic that is stopped, with the side of the body toward the vehicles authorized to move.
2. Stopping Traffic: To stop traffic, the officer will give one long blast on his or her whistle and extend his or her arm and index finger toward, and directly at, the vehicle to be stopped until the driver is aware of the officer’s presence. Once the driver has recognized the command, the officer will raise the palm of the pointing hand at the wrist gesturing until the person stops.
3. Starting Traffic: To start traffic, the officer will face the traffic with his or her arm and index finger toward the vehicle to be started until the driver is aware of the direction to proceed. The officer will give two short blasts on his or her whistle and with palm up, gesture the person to proceed forward by swinging the arm from the elbow through a vertical semi-circle until the hand is adjacent to the chin. Officers will continue this pattern of gesturing until all desired traffic has cleared the area or there is a need to stop traffic.
4. Right Turn: Drivers turning right usually effect their turn without being directed by an officer. When it becomes necessary to direct a right turn, the officer will proceed as follows:
a. If the driver approaches from the officer’s right side, the officer will give two short blasts on his or her whistle and extend the right arm and index finger towards the driver. The officer will follow through by swinging the extended arm and index finger in the direction of the driver’s intended turn.
b. If the driver is approaching from the officer’s left side, the officer will use the same procedure using the left arm extended.
5. Left Turn: Drivers turning left will not be directed to affect their movement while the office is also directing oncoming traffic to proceed. The officer will give one long blast on his or her whistle and stop oncoming traffic by using the right hand raised palm up, facing the traffic. After the oncoming traffic has come to a complete stop, the officer will give two short blasts on his or her whistle and signal the driver to turn left by extending the arm and index finger towards the driver. Follow through by swinging the extended arm and index finger in the direction of the driver’s intended turn.
6. Traffic Direction During Hours of Darkness: Officers will use the same arm movements and whistle signals during hours of darkness as specified above with the additional use of a flashlight. To stop traffic, the officer will slowly swing the flashlight beam across the path of oncoming traffic. The officer can also use the flashlight to aid in signaling a direction by swinging the beam of light in the direction the vehicle will precede.
4.14.3 Traffic Direction and Control at Fire Scenes (CALEA 5th ed. standard 61.3.2c)
1. Officers at a fire scene will coordinate their efforts with the ranking fire official on the scene.
2. Officers engaged in traffic direction and control at a fire scene will position their patrol vehicle at the scene in a manner that will allow ingress and egress from the scene by Fire/Rescue and other emergency vehicles.
3. Officers at the scene will ensure no vehicles cross over fire hoses without the approval of the senior fire official on the scene. (O.C.G.A. 40-6-248)
4. Officers on the scene will ensure parked vehicles interfering with fire/rescuer operations are towed, if necessary.
4.14.4 Traffic Direction and Control During Adverse Road or Weather Conditions (CALEA 5th ed. standard 61.3.2d)
1. The watch commander will request radio dispatchers to notify the local media outlets, public works, or Fire/Rescue of adverse road conditions that could cause potential driving hazards.
2. Officers will provide traffic direction and control at the scene of downed power lines, broken gas or water mains, or construction sites where conditions could endanger the safe movement of traffic.
3. The watch commander may close a street or portion of a street if, in his or her judgment, the surface conditions and terrain create a hazardous condition. The commander will notify and request assistance from the proper agency in alleviating the problem and request public service radio announcements or proper signage be made in reference to the closure.
4. The watch commander will ensure that the Department of Transportation is notified and assists in the closure of any state road, interstate, or highway.
4.14.5 Temporary Traffic Control Devices (CALEA 5th ed. standard 61.3.2e,f)
1. Officers will notify their immediate supervisor of situations requiring the use of temporary traffic control devices such as cones, barricades, etc. A supervisor will contact the Department of Public Works (DOT if on an interstate or highway) and request assistance with obtaining the necessary equipment.
2. Officers will ensure temporary devices are removed when the event or emergency situation is over and will request radio dispatch to notify the Department of Public Works that the items are ready to be picked up.
3. When traffic is congested due to a large public gathering or emergency such as a malfunctioning traffic control device, officers will either advise radio dispatch to contact public works or traffic engineering to remedy the malfunction or, if familiar with the device, are authorized to manually operate the devices when it is necessary to control the flow of traffic.
(CALEA 5th ed. standard 61.3.3a, b)
4.15.1 Escorts of Non-Departmental Emergency Vehicles:
1. Departmental vehicles will not be used to escort any authorized emergency vehicle which has its own operating emergency equipment unless:
a. The emergency equipment on the other vehicle is inoperative or malfunctioning;
b. The driver of the other emergency vehicle is not familiar with the location of the emergency or the quickest route to a hospital.
2. The field supervisor will approve all requests to escort another emergency vehicle.
4.15.2 Funeral Escorts: All escorts for funeral procession will be handled off-duty and in accord with the APD.SOP.2060 “Extra Jobs”, APD.SOP.4040 “Special Operations Section,” and any command memorandums issued by the SOS commander.
1. Department-owned vehicles, including motorcycles, will not be used for extra jobs involving funeral escorts.
2. Officers involved in funeral escorts will adhere to O.C.G.A. 40-6-76 and all applicable laws and ordinances.
3. Funeral escorts will not be conducted on duty, except in accordance with Section 4.15.3.
4. Personally owned vehicles or motorcycles are not authorized emergency vehicles and will not be operated as such.
4.15.3 Dignitaries, Public Officials and Special Event Escort:
1. Only those individuals who qualify for executive protection (i.e. President of the U.S.A., foreign dignitaries) will be provided with Departmental escorts in the Metro Atlanta area. Such individuals are those whose movement through City streets must be swift, secure, and may possibly cause traffic congestion. On-duty officers will handle the escort. These escorts will be approved through the Chief’s Office and organized by SOS.
2. On-duty officers will handle funeral processions of dignitaries and public officials if extraordinary coverage is needed to facilitate movement through traffic and the size of the procession. These escorts will be approved through the Chief’s Office and organized by SOS.
3. Police escorts will be provided for special events or groups who have obtain a permit from the City to close streets or portions of areas to ensure traffic safety for those participants and other vehicles.
4. Officers providing escorts for private citizens, private groups, or entertainers will do so off-duty and comply with the extra job policy (APD.SOP.2060 “Extra Jobs”).
4.15.4 Hazardous or Unusual Cargo Escorts:
1. Except for those situations required by Federal or State law, the Department will provide escorts of potentially dangerous vehicles or cargos on a case-by-case basis.
2. Generally, escorts for hazardous or unusual cargo will be handled by off-duty officers in compliance with the extra-job policy. However, if a request is given to the Department to escort such cargo for Federal or State authorities or it is an emergency situation, then the escort will be approved through the Chief’s Office and organized by SOS.
3. Factors to consider for such escorts include the size and weight of the cargo, potential threat to public safety, the route of travel, the time/date of the move, and the availability or appropriateness of a private escort service.
4. If any collisions or property damage occurs during the escort, the officer(s) handling the escort will follow collision-reporting procedures as outlined in this policy. If collision or property damage occurs outside the Department’s jurisdiction, the officer(s) will contact the appropriate agency to handle the situation.
4.15.5 Oversize or Building Mover Escorts
1. Unless it is an emergency situation approved through the Chief’s Office, off-duty officers in compliance with the extra job policy will provide escorts for oversize or building moving.
2. House moving applicants must comply with the following:
a. Obtain a valid permit for excess weight and dimensions from the DOT (O.C.G.A. 32-2-28);
b. Comply with all required procedures for escort vehicles and marking of oversize loads as stipulated by GA DOT Reg. 672-2-.06 & .07;
c. Escort periods: Monday to Thursday (except on holidays), hours of 9:00AM to 3:00 PM, and not during periods of inclement weather.
3. Officers conducting oversize escorts will:
a. Verify that the DOT permit is valid and in order;
b. Ensure that appropriate escort and support vehicles are provided;
c. Ensure all other vehicles and the oversized load involved in the move are properly equipped and marked as required by DOT regulations;
d. Notify Communications of the route to be taken, the anticipated time-period, and any unusual circumstances that occur during the escort;
e. Make necessary coordination with other jurisdictions if leaving the city limits; and
f. Cancel any escort if all regulatory requirements are not met by the mover or in the event of any potentially unsafe or hazardous condition that may jeopardize public safety.
g. If any property is damaged or collisions occur during the escort, the escort officer(s) will follow collision-reporting procedures as outlined in the policy.
4.15.6 Escorts of Civilian Vehicles in Medical Emergencies
1. Officers will not escort private vehicles in emergency medical situations;
2. If an EMS unit is not immediately available, officers may transport the injured or sick individual in the patrol vehicle to the nearest medical facility with supervisor approval.
4.16.1 An officer will be dispatched to the scene of traffic collisions to include, but not limited to (CALEA 5th ed. standard 61.2.2a-h):
(1.) Death or injury;
(2.) Hit and Run;
(3.) Impairment of a driver due to alcohol or drugs;
(4.) Damage to public vehicles or property;
(5.) Hazardous materials;
(6.) Disturbances between principals;
(7.) Major traffic congestion as a result of the collision; or
(8.) Damage to vehicles to the extent towing is required.
4.16.2 The officer initially dispatched to the scene of a traffic collision will normally be the investigating officer and in charge of all on-scene activities unless he or she is cancelled before arrival at the scene by radio dispatch; properly relieved by a specialized unit investigator such as Hit-and-Run; released by Fire Department or HAZMAT employees; or as directed by the supervisor. (CALEA 5th ed. standard 61.2.3a) The initial officer to arrive at the scene of a traffic collision will (CALEA 5th ed. standard 61.2.2):
1. Activate appropriate emergency equipment and park the police vehicle so as not to create an additional traffic hazard, evaluate any injuries, secure the scene to prevent other collisions, and request an ambulance, rescue unit, wrecker, Highway Emergency Response Operator (HERO) or other support services, if needed. (CALEA 5th ed. standard 61.2.3b)
2. If the responding officer encounters a disturbance between any collision parties at the scene, advise dispatch for another unit to the scene and attempt to separate the individuals. If the situation is uncontrollable for one officer, wait until backup units arrive before attempting to intervene. (CALEA 5th ed. standard 61.2.2f)
3. Conduct a preliminary investigation to determine the circumstances surrounding the collision. Driver's licenses and insurance cards will be obtained from all drivers involved. Confirm accurate addresses, telephone numbers, and insurance coverage. Ensure that the drivers involve exchange insurance information. (O.C.G.A. 40-6-273.1) Witnesses will be separated and questioned to assist in determining the cause of the collision. The officer will note the position of all vehicles involved and protect the collision scene to preserve short-lived evidence such as debris, skid marks, etc. for possible follow-up investigations. (CALEA 5th ed. standard 61.2.3d, e)
4. An accident report will be completed if it involves death, serious injury, property damage, hit and run, impairment due to alcohol or drugs, hazardous materials or is chargeable and occurred on private property. (CALEA 5th ed. standard 61.2.1a-f)
5. Traffic Control (CALEA 5th ed. standard 61.2.2g & 61.3.2a):
a. If the drivers involved in a minor collision have not cleared the roadway, clear it as soon as possible to restore traffic flow and direct the parties to a safe location to complete the investigation. (O.C.G.A. 40-6-275)
b. If the collision is serious and involves injuries or inoperable vehicles, request additional units or HERO through radio dispatch to help control traffic flow. Ensure the evidence from the collision is protected for possible follow-up investigation.
c. When it is safe to do so and no traffic hazard exists, the officer will turn off the emergency equipment to prevent attracting attention to the collision. If a vehicle is inoperable, roll it as far out of traffic as possible and call a wrecker. Unless equipped with a push bumper, patrol vehicles will not be used to push disabled vehicles.
6. Officers may issue citation(s) if the evidence from the collision investigation or an independent third party witness corroborates the statements made by one or more of the parties involved. Get current names, addresses and telephone numbers of all witnesses so the Solicitor will know what witnesses to subpoena if the violator requests a trial. Let witnesses know the court date set for the violator. Inform the witnesses they are not required to appear in court for the violator’s first appearance, but may attend if they so choose.
7. The investigating officer, or another designated officer, will ensure property belonging to collision victims, including their vehicle, is protected from theft or pilferage by controlling access to the collision scene. All property that does not go with the victim will be placed in the Department’s Property Control Unit and a copy of the Property/ Evidence Form given to the victim. Victims will also be given a copy of the wrecker service information if their vehicle has to be removed by a City-contracted wrecker service. This will be noted in the incident and/or accident reports. (CALEA 5th ed. standard 61.2.3f)
8. Complete the Uniform Motor Vehicle Accident Report. (NOTE: If the collision occurred at an earlier time and there is no collision scene, advise the individual to complete a Personal Report of Accident Form from the Georgia Department of Public Safety.)
(CALEA 5th ed. standard 61.2.1c & 61.2.2b)
When the collision involves a hit-and-run, the officer will do the following, in addition to the procedures in Section 4.16.2:
1. Place a lookout for the suspect vehicle with radio dispatch, including description of the driver, if available, and damage to the vehicle.
2. Obtain necessary information for completing a Hit-and-Run Report (APD form 610). The Hit-and-Run Report will be completed in addition to the accident report, listing all evidence and observations collected at the scene. The accident report and the Hit-and-Run Report will be forward by Central Records to the Hit-and-Run Unit for further investigation.
3. If the hit-and-run results in a fatality, secure the scene and notify a supervisor to come to the scene. If the perpetrator is unknown or has not been apprehended and the injury is serious and will possibly result in death, the supervisor will advise Communications to notify a Hit-and-Run/Fatality Unit supervisor. If the incident occurs after Hit-and-Run/Fatality’s normal duty hours, Communications will notify the Hit-and-Run/Fatality investigator on call. The Hit-and-Run/Fatality investigator will complete the investigation. (NOTE: Section 4.16 “Traffic Fatalities”)
4.16.4 Collisions Involving City Vehicles (CALEA 5th ed. standard 61.2.2d)
When a collision involves a City vehicle, regardless of the extent of damage, whether on private or public property, the driver of the City vehicle will:
1. Give dispatch the location of the collision and request that a supervisor, an investigating officer, and an ID unit be dispatched to the scene.
2. If the officer involved in the accident was on-duty, the officer will only be charged in accordance with state law as outlined in O.C.G.A. § 17-4-40(c) (link to code section text).
3. Complete a "Damage to City Property" incident report. If the driver is injured and unable to do so, the driver's immediate supervisor will complete the report.
4. An accident report will be completed whenever a City vehicle is involved in a collision on either public or private property.
5. A supervisor's report must be submitted through the chain of command to the appropriate division commander.
4.16.5 Private Property Collisions (CALEA 5th ed. standard 61.2.1f)
The authority of police officers to enforce traffic laws and investigate traffic collisions on private property is as follows:
1. Officers will charge traffic violators on private property only for the violations of reckless driving, laying drag, hit-and-run, DUI, or homicide by vehicle.
2. When a collision occurs on private property involving reckless driving, laying drag, hit-and-run, DUI, or homicide by vehicle, the officer will complete a collision report and take appropriate enforcement action.
3. When a collision occurs on private property without involving one of the above offenses, the officer will complete a DPS-523P, Private Property Accident Form.
4. The investigating officer will ensure the parties involved in the collision on private property exchange pertinent insurance information.
5. For the purpose of this section, "private property" does not include a shopping center or parking lot or similar area, which although privately owned, is customarily used by the public as a through street or connector street.
4.16.6 Damage to Property Other Than Vehicles (CALEA 5th ed. standard 61.2.1b & 61.2.2d)
1. Whenever an officer handling a traffic collision that involves damage to private property, including walls, mailboxes, fences, etc., the type of damage and the name of the property owner will be identified and included in the accident report. Additionally, the officer will attempt to contact the owner at the collision scene to notify them of the damage and leave the incident number.
2. Whenever an officer handling a traffic collision that involves damage to City property or other public agency property, including fire hydrants, traffic signals, traffic signs, street signs, etc., the type of damage and the name of the City or other public agency will be identified and included in the accident report. In addition, if the damage involves any Departmental property, an incident report will also be completed.
3. If damage to a public utility (i.e. traffic signals, stop signs, utility poles, etc.) has occurred, the officer will advise radio dispatch who will promptly contact the appropriate agency to ensure immediate restoration of the utility for safe and effective operation. The damage and utility agency will be included in the accident report. (CALEA 5th ed. standard 61.2.2h)
When a wrecker is needed pursuant to a traffic collision, the officer will:
1. Advise dispatch and have them contact the appropriate wrecker service for the zone. If the City-contracted wrecker service for the zone cannot come to the collision scene promptly, then have radio start another City-contracted wrecker service. The investigating officer will ensure the wrecker on the scene is from either a City-contracted service or, if a private tow, a service of the vehicle owner’s choosing.
2. Complete a Vehicle Impound Record Form on every police impound. Give the owner/driver copy to the owner or driver of the impounded vehicle and the wrecker copy to the wrecker driver. The original or any remaining copies are given to the field supervisor at the end of the watch. If private tow, the Vehicle Impound Record Form will not need to be completed.
3. Stand by at the scene until the wrecker has cleared the scene with the vehicle in tow. If it is a private tow and the vehicle is not causing a traffic hazard, the investigating officer will stand by until the private wrecker’s arrival to ensure the vehicle is removed.
4. Ensure that the wrecker service sweeps the scene clean of broken glass and other debris. (O.C.G.A. 40-6-276)
(CALEA 5th ed. standard 61.2.1e, 61.2.2e, & 61.2.3c)
1. Whenever a collision occurs involving a vehicle carrying hazardous materials, where there has been a spillage or rupture or there is a possibility of spillage or rupture, the responding officer will immediately notify his or her supervisor, the Atlanta Fire Department, and Emergency Management Services.
2. Since there is potential for igniting the hazardous material, the officer will park his or her vehicle a safe distance (at least 50 yards) upwind of the collision with the engine and any electrical equipment off. The officer will also avoid any radio transmission in close proximity to the hazardous material.
3. If possible, from a distance, the officer will locate the warning placard and the black 4-digit identification (ID) number on the placard or orange panel displayed on the tank, vehicle, or rail car ends, or on the sides of the vehicle if not found on the end. The type of placard and the number will be relayed to Emergency Management Services personnel, who will then advise the officer of any special instructions. (Reference: U.S. Dept. of Transportation, chart entitled "DOT Hazardous Materials Warning Placards," shown in part on the following page.)
4. At any collision scene involving hazardous material, the officer will (along with other units or HERO) also:
a. Move and keep people away from the scene;
b. Be careful not to walk into or touch any spilled material;
c. Avoid inhalation of all gases, fumes, and smoke;
d. Once Emergency Management employees have stated it is safe to proceed, obtain the vehicle's bill of lading (shipping papers). This is especially important when the vehicle contains a mixed load. The bill of lading is usually located in one of the following locations:
(1.) In a door panel;
(2.) On the seat next to the driver's seat;
(3.) In a pouch attached to the dashboard.
5. It is important that the officer not assume that gases or vapors are harmless because of lack of smell. Therefore, neither the officer nor other citizens should enter the immediate area of the spill or rupture until it has been cleared by a HAZMAT unit.
6. The responding officer on the scene will complete the appropriate reports and citations as outlined in Section 4.15.2.
(CALEA 5th ed. 61.2.1a, 61.2.2a, & 61.2.4)
4.17.1 Not all follow-up investigation activities are required in each traffic collision situation. Most investigations involving minor traffic collisions will end with the investigating officer’s accident and/or incident report completed at the scene. If DUI is a factor in the collision, then the investigating officer will follow DUI procedures and properly document the actions taken in the accident and incident report. The most extensive traffic collision follow-up investigations will involve fatalities or serious injuries that could result in death.
4.17.2 The supervisor will respond to the scene and determine if it is necessary to contact the Hit and Run Unit investigator and/or a Crime Scene technician.
1. Secure the scene and perform the preliminary investigation, obtaining as much information from the witnesses as possible about the collision.
2. The supervisor will request that radio dispatch contact a Hit and Run Unit investigator and a Crime Scene technician to respond to the scene to complete the investigation.
3. The responding officer will stand by at the collision scene to assist the Hit and Run investigator.
4.17.3 If a Hit and Run investigator is not available, then the officer answering the call will complete the investigation following the remaining instructions.
1. Instruct the Crime Scene technician to take photographs of the collision site, automobiles involved, and debris. The officer will collect evidence to turn over to the Property Control Unit. If a Crime Scene technician or other means of photographing the scene is not available, the Hit and Run investigator or officer will not keep the body at the scene, but will have it removed to Grady Hospital as soon as possible. The body position will be chalked to facilitate measurements and photographing.
2. Document measurements of the scene, location of vehicle, and important physical evidence.
3. Ensure that witnesses have transportation to the station or precinct to have their statements taken. Statements must be signed and witnessed and will be typewritten when possible.
4. Impound the victim's automobile and state in the "Remarks" area that the vehicle was impounded for Signal 41-48. The victim's name will not appear on the Impound Report Form.
5. After the scene has been cleared, go to Grady Hospital and obtain the name of the pronouncing physician and the time the victim was pronounced deceased.
6. Complete a Traffic Fatality Report and immediately forward it to the Communications Section so the information sent via teletype to the State Patrol. The ranking supervisor on duty in the zone, where the fatality occurred, will be responsible for ensuring that every effort has been made by the Hit-and-Run investigator (or the officer answering the call if no Hit and Run investigator was available) to notify the next of kin prior to the issuance of a news release, if the next-of-kin is in the metropolitan Atlanta area.
7. Ensure that all reports pertaining to the fatality are completed, including:
a. Uniform Accident Report
b. Incident report detailing the officer's investigation
c. State Patrol Traffic Fatality Report
d. Statements from witnesses, which are typed on the statement form and attached to the Accident Report
e. Public Affairs notification
4.17.4 If a death or serious bodily injury has resulted and probable cause exist that a driver(s) is under the influence of alcohol and/or drugs, the driver(s) will be required to submit to a blood test with a drug screen.
1. Serious bodily injury includes a fractured bone, severe burns, disfigurement, dismemberment, partial or total loss of sight or hearing, or loss of consciousness.
2. All drivers (regardless of fault) involved in the accident are subject to the Implied Consent Warning.
3. Drivers who refuse to submit to the blood test will have their driver's license or privilege to operate a motor vehicle suspended. Therefore, the investigating officer will complete a Georgia Department of Public Safety form 1205. (See Section 4.11.8)
4.17.5 Responsibilities of a Hit and Run/Fatality investigator:
1. On call 24 hours, seven days a week, 365 days a year through the Communications Section;
2. Notifying next-of-kin of the victim(s);
3. Notify the Medical Examiners Office;
4. Work with families of the victims and the possible offenders;
5. Speak to the media and notify Public Affairs for news releases;
6. Investigate traffic collisions/fatalities;
7. Investigate high profile traffic fatalities occurring in the City;
8. Pre-and post-collision investigations.
4.17.6 Traffic Hit and Run/Fatality investigators work closely with the:
1. Georgia Department of Motor Vehicle Safety;
2. Georgia State Patrol;
3. Georgia Bureau of Investigations;
4. District Attorneys in DeKalb and Fulton Counties;
5. Medical staff at hospitals.
4.17.7 All Hit and Run/Fatality investigators will be trained and proficient in handling collision scenes where death or serious injury has occurred. He or she will preserve evidence, take measurements at the scene, take statements from witnesses, and assist in the prosecution of the offender.
4.18.1 General Assistance (CALEA 5th ed. standard 61.4.1a): The Department will offer reasonable assistance to motorists who appear to be in need of aid. This assistance will be rendered on a 24-hour basis, with particular emphasis during hours of darkness or during periods of inclement weather when the potential for danger is higher.
1. Requests for information, directions, or other assistance will be handled as a normal function of an officer’s duties. In those instances when the information requested is unknown, officer will contact radio dispatch or another officer for assistance.
2. Officers who observe motorists stranded on roadways will either stop in a safe manner to lend assistance or, if en route to another call for service, will notify the radio dispatcher so that appropriate assistance can be provided or make a direct request to another jurisdiction to provide the assistance.
3. Before providing assistance to a motorist, officers will:
a. First activate emergency equipment as appropriate; and
b. Advise radio dispatch of the situation, the location, and the vehicle’s license plate number.
4. The officer will remain alert to the following possibilities:
a. The vehicle in the motorist’s possession has not been authorized for their use;
b. The vehicle is in an unsafe operating condition;
c. The motorist is unlicensed to drive;
d. The motorist is incapable of safely operating the vehicle; or
e. The vehicle’s occupants have engaged in criminal activity.
4.18.2 Mechanical Assistance and Towing Service (CALEA 5th ed. standard 61.4.1b): Officers who observe motorists on the side of the roadway with a mechanical problem, flat tire, empty gas tank, etc. will assist the motorists with obtaining the necessary help.
1. Attempt to lend the necessary assistance; or
2. Contact radio dispatch and request a Highway Emergency Response Operator (H.E.R.O.) to assist the motorists.
3. If the citizen cannot obtain aid from private sources in a reasonable amount of time and the vehicle is a traffic hazard, call for a City-contracted wrecker to remove the vehicle to a place of the citizen’s choosing.
4. Officers will remain with any motorist presenting a traffic hazard until the vehicle is safely removed from the roadway.
4.18.3 Stranded Motorist (CALEA 5th ed. standard 61.4.1c): If motorists/passengers involved in a collision, mechanical breakdown or similar situation and are unable to obtain transportation, the officer will assist them in obtaining transportation to the nearest secure location.
(CALEA 5th ed. standard 61.4.1d):
1. Officers encountering a motorist involved in an emergency situation, such as a vehicle fire or medical emergency, will contact radio dispatch and request Fire/Rescue and/or EMS for assistance.
2. Officers will advise radio dispatch not only the location and type of assistance needed, but the response code (Code 1, 2, or 3) for EMS, the condition, and the approximate age of the injured person(s)
4.19.1 A vital function of the Department’s traffic enforcement program is to investigate traffic related complaints; obtain feedback from officers and analysts concerning traffic incidents; evaluate available traffic enforcement and collision data; analyze suggestions received from the public; and to identify potential roadway hazard, congestion problems, or engineering improvements. This information can then be provided to the local and state traffic engineering authorities for appropriate study and action. Such information may result in:
1. The more efficient use of traffic control devices and signs;
2. New or revised laws or ordinances;
3. Changes to established traffic flow patterns; and
4. Roadway engineering improvements.
4.19.2 Traffic Engineering Deficiencies (CALEA 5th ed. standard 61.3.1a)
1. All complaints or suggestions related to traffic engineering deficiencies will be forwarded to the Special Operations Section (SOS) for review and evaluation. When appropriate, special traffic surveys and studies may be initiated to more clearly define potential problem areas and to identify remedial measures.
2. The commander of SOS will refer in writing, complaints or suggestions that have merit to the traffic engineering office having primary jurisdiction over the problem. The referral should include any supporting material or information; an assessment of the complaint or suggestion; and any recommendations that should be considered.
4.19.3 Traffic Collision and Enforcement Data (CALEA 5th ed. standard 61.3.1b)
1. The analysis of traffic collisions and enforcement operations can produce valuable information that is related to traffic engineering. By recognizing similarities between collision data and enforcement activities, patterns and trends may be identified so that appropriate remedies can be proposed to traffic engineering authorities.
2. The referral of such information will be made by the SOS commander to one of the following engineering authorities:
a. For city streets, the Department of Public Works;
b. For state roads or interstate highways, the State Department of Transportation (DOT); and
c. For road construction projects associated with residential and business developments, the Office of Transportation in the Department of Public Works.
4.20 Traffic Coordinating Organizations (CALEA 5th ed. standard 61.3.6)
1. One of the major duties of the Traffic Enforcement Program is to actively participate with other agencies and organizations that have an interest in, and responsibility for, traffic enforcement and planning. The exchange of information can:
a. Make a valuable contribution to regional planning efforts;
b. Provide information concerning the creation of new traffic-related programs and accident prevention measures;
c. Alert the agency to possible public and private funding sources; and
d. Serve as the basis for proposing new legislation.
2. Within the metropolitan Atlanta area, there are several formal and ad hoc organizations requiring Departmental participation. When appropriate, the SOS commander, or designee, will represent the Department with these organizations. Some are:
a. The Atlanta Regional Commission;
b. The Governor’s Office of Highway Safety;
c. The Georgia Regional Transportation Authority (G.R.T.A.) and
d. Non-government organizations such as Safe Kids and M.A.D.D.
4.21 Traffic Safety Materials and Programs (CALEA 5th ed. standard 61.4.4)
1. In conjunction with the Public Affairs Unit and SOS, the Department will develop and distribute traffic safety literature, materials, and other information to the general public.
2. Through the Public Affairs Unit, the Department will disseminate information concerning:
a. Traffic enforcement measures;
b. Special traffic circumstances such as street closings, sports events, conventions, etc.;
c. Collision statistics;
d. Special programs; and
e. New/revised traffic laws.
5.1 Selective Traffic Enforcement- The assignment of employees to traffic enforcement activities at times and locations where hazardous or congested conditions exist. Such assignments are usually based on such factors as traffic volume, accident occurrences, frequency of traffic violations, and emergency and service needs.
5.2 Breach of Peace- Offenses that include disorderly conduct, assaults, domestic violence, etc. but not DUI.
5.3 Roadblock- A restriction, obstruction, or device used or intended for he purpose of preventing free passage of motor vehicles on a roadway in order to affect compliance with motor vehicle laws.
5.4 Checkpoint- A temporary operation in which law enforcement or other authorized personnel stop some or all traffic to inspect individual vehicles or their contents or to interview drivers.
5.5 Divided Attention Test- Field sobriety tests that requires the person being examined to perform the test while having to divert his or her attention from the performance of the test.
5.6 Hit and Run- A collision involving one or more vehicles or with a fixed object where one or more vehicle operators fails to report the accident or remain on the scene of the collision.
5.7 Service Areas- A geographic area such as the entire City of Atlanta jurisdiction, a zone, a sector or a beat for which an organizational component has responsibility.
5.8 Psychophysical tests: Methods of assessing a suspect’s mental and physical impairment. These tests focus precisely on the abilities needed for safe driving: balance, coordination of limbs, information processing, short term memory, judgment/decision making, quick reactions, clear vision, and small muscle control.
APD.SOP.4010 “Traffic” Issued July 1, revised December 1, 2007
APD.SOP.3050 “Pursuit Policy” APD.SOP.6090 “Parking Enforcement Monitors” APD.SOP.4060 “School Crossing Guards”
Commission on Accreditation for Law Enforcement Agencies, Inc. 5th ed. Standards: 41.2.3, 61.1.1, 61.1.2, 61.1.3, 61.1.4, 61.1.5, 61.1.6, 61.1.7, 61.1.8, 61.1.9, 61.1.10, 61.1.11, 61.1.12, 61.1.13, 61.2.1, 61.2.2, 61.2.3, 61.2.4, 61.3.1, 61.3.2, 61.3.3, 61.3.6, 61.4.1, 61.4.3, 61.4.4.
O.C.G.A. § 17-4-40(c): Any warrant for the arrest of a peace officer, law enforcement officer, teacher, or school administrator for any offense alleged to have been committed while in the performance of his or her duties may be issued only by a judge of a superior court, a judge of a state court, or a judge of a probate court.
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